Legal Study On The Disputes Of The Debit Card Fraudulent

As a new payment method,debit card has gradually replaced cash payment,and has become the most popular way.This is very convenient for people's daily life,but the risk of stealing is also coming.The behavior of fraudulent credit card generally shows that third people use real card or fake card to withdraw or consume all the funds in the debit card of the cardholder.Such behavior not only causes losses to the cardholders,but also hinders the further development of the banking industry,and is urgently needed to be combating and containment.However,in recent years,the number of debit card theft in China has been increasing,and disputes have not been well resolved.This is because in the case of debit card theft brush,because of the lack of current legislation in our country and the judge has a great discretion,the result of judicial trial is very inconsistent,even there are different cases of the same case.Focusing on the status of judicial trial of debit card theft,it is found that there are no unified judicial referee standards,unclear relationship between the bank and the cardholder,the confirmation of the ownership of the deposit in the debit,the confusion of the liability for tort and the liability for breach of contract,and the uncertainty of the principle of applying the first punishment to the people.To solve the focus problems in the judiciary,we must first start with the legal relationship between the subjects.Therefore,after an overview of the debit card theft and the analysis of the status of judicial trial,this paper first clarifies that the most important subject of the debit card theft brush is the bank and the cardholder.The two parties establish a savings contract relationship.The savings contract should be identified as a special paid loan contract,and the ownership of the deposit in the debit card belongs to the bank.Secondly,after the occurrence of the act of theft,the cardholder is based on the default behavior to prosecute the bank for the fulfilling of the full payment obligation,and the principle of no fault should be applied to the liability for breach of contract.But the reasons for stealing behavior include the intentional or negligence of the cardholder,and the bank can lodge a claim against the cardholder against the infringement of property rights.The tort liability should be applied to the principle of fault,and the proportion of responsibility should be divided according to whether there is any fault of the cardholder before and after the act of stealing.At last,we interpret the principle of "first penalty and post Civil",and think that although the debit card theft involves both criminal and economic disputes,we should not applythis principle.I hope this article will make a clear and analysis of the important content contained in the debit card theft brush case,so as to improve the rules of liability related to the judicial trial of the debit card and balance the interests between the bank and the cardholders,and then to quell the role of the litigation to eliminate the disputes.