Analysis Of Civil Liability For Bank Card Theft

As China's bankcard consumption has entered the period of popularization,people's daily expenses have become more and more dependent on bank cards.With the continuous improvement of the bank card acceptance environment,bank card payment has penetrated into every corner of people's lives.As a payment tool,the utility model has the advantages of complete functions,lightness,easy carrying,convenience,safety,etc.,and the bank card becomes an essential article for people to go out.This will cause the lost or stolen by others,and then pick up the bogus withdrawals and other similar cases.However,for this series of problems caused by bank card in law are inadequate,resulting in the parties are unwilling to bear the loss,liability for compensation.In this paper,two cases of fraudulent bank card caused as the starting point,the causes of this phenomenon caused by the different sentence discussed,to clarify a series of legal problems of fraudulent bank card this behavior caused by the behind,which proves the necessity of research on the bank card stolen brush on fraudulent bank cards the cognitive status,as well as the subject of civil liability between different views which lead to the main responsibility of related issues,have different views in the burden of proof,thus causing the responsibility of the size of the difficult problem of determining the.This paper is based on the practice of fraudulent bank cards in each subject of liability between civil relations,civil liability and the confirmation of the subject of rights and obligations,the application of imputation principle,the burden of proof,the proportion of responsibility and make suggestions,hoping to better safeguard the interests of the parties,reduce the occurrence of bank card fraudulent cases in different co contracting phenomenon...