Research On The Legal Issues Of Bank Card Fraud

As the issuing amount of the bank card continues to increase in recent years,the consumption by credit card has become a fashion.The widespread use of bank cards has brought great convenience to our lives,but the security issues have become increasingly obvious,especially the bank card fraudulent cases occur frequently around the country,which not only hurt the cardholders' benefit,causing doubt about security of depositing money;but also damage the bank's property and reputation,which impedes its business development.Because of China's existing laws and regulations and judicial interpretations have no specific provision,it not only brings to the courts handle such cases quite difficult,also affects the unity of the judicial referee scale.The focus of the controversy is what the content of bank card fraud,how to confirm the procedure of civil cross,how to distribute the testimony liability of both parties,how to undertake the civil liability and assume their respective proportion.It is of great practical significance to maintain stability of financial world and guarantee of cardholders' legal rights,by scientific and accurate definition on relevant legal relation of bank cards,proper analysis at loss and responsibility sharing in unauthorized use.This paper mainly divided into the following five parts:The first part is the overview of bank cards fraudulent related issues.It mainly defines the concept and scope of bank cards fraudulent,and discusses the legal relationship between cardholders,issuers,acquiring bank and special nominated supplier.The second part is adjudication rules of the bank card fraudulent in our country and correlation analysis.In this section,the author organizes some typical judgments of recent years,analyses the adjudication rules of these judgments.The third part gives a discussion of the legal procedure on bank card fraudulent cases,using theoretical analysis method of dispute bank card fraudulent involved in criminal and civil.The fourth part nomologically analyzes relevant issues,by trying to analyze the characteristics of responsibility for the bank card fraudulent,carrying on discussion about allocated principles and specific item of giving testimony liability between a cardholder and the bank.The fifth part above analysis of the relationship under the law,proof content proposed by bank and cardholder,points out that the bank and the cardholder should bear corresponding civil liability according to their respective fault,and puts forward some opinions and suggestions on how to resolve the cases of bank card fraudulent liability.