The Study Of The Distribution Of The Burden Of Proof In Suspected Forged Debit Card Transaction Cases

The dispute of forged debit cards transaction refers that while the real card is within the card holder's control,others make transactions by the forged cards on the ATM,POS or other equipment,which contributes to the decrease of the account.In recent years,these cases have been frequently appeared and aroused high attention.Although forged card transactions always relate to crime,the cardholders prefer to take suits with the banks to get immediate claim.In the dispute between the cardholders and banks,there are two key points,that is,whether the transaction is made by forged card,and who expose the password or shall be responsible for the exposition of the password.It is hard to find the truth for those following reasons:firstly,the deal-maker usually is the total strangers;neither the cardholders nor the banks have association between the deal-makers.Secondly,the deal-maker always makes the transaction in the place which is far away from the cardholders'.Thirdly,there are so many ways for the deal-makers that it's impossible to choose the one that the deal-makers actually take.Finally,the cardholders may not be informed of the transaction and call the police on time.The proof of the above things is so hard that the distribution of burden of proof plays a high role in the suits,even determines the final results.This thesis is to analyze the two above key points to indicate the difficulty of it.Then with the help of e theory of the distribution of burden of proof and the judicial practice to put forward my own opinions.The first part is the brief introduction of the dispute of bankcard transaction by forged card.Then it concludes the specifications of these cases to infer its complication.Finally,analyze the key points and the hardness to prove them,to imply the significance of the distribution of burden of proof.The second part is the judicialpractice in these cases.For the question of whether it constitutes the forged card transaction,both the judges and the lawmakers distribute it to the cardholders,but the banks shall provide some assistance.For the question of who expose the password or who shall be responsible for the explosion of password,there are different ways of distribution for the lack of the uniform standards and the discrepancy of the judges in the understanding of the distribution of burden of proof.The third part is to introduce the theory of distribution of burden of proof.It first concludes the definitions of the burden of proof by many scholars.Then it presents their theories of the distribution of the burden of proof.Finally,it introduce the application of those theories.The forth part is the advice about the distribution of burden of proof in forged card transaction cases.Thatis,to lessen the banks' burden in whether it constitutes the forged card transaction;as for the password exposition,while the banks is required the banks to prove that the cardholders' behaviors contribute to the exposition of password,the cardholder shall also undertake some liabilities to find the truth and realize the principle of justice.