The Civil Legal Analysis On The Loss Of The Bank Card Theft Dispute

In recent years,the number of card issuance has increased sharply.According to the central bank statistics,at the end of the third quarter of 2017,China has 4.71 bank CARDS per capita.Surge in the number of bank card,bank card frequent false card stolen brush case,according to the statistics,bank card crimes is more than 50%of the total economic crimes,but due to bank card stolen brush crime most for crime gangs,other cities,a clear division of responsibilities,has strong anti reconnaissance capability,long cycle,so solve detection rate is low.It is often difficult to find the criminals who swipe the bank card,or they can't find it.Therefore,the losses caused by the bank card theft are usually borne by the issuing bank and the cardholder.Between the bank and the cardholder,there is often a dispute between the allocation of the share of responsibility and the distribution of the burden of proof.This paper analyzes and expounds the dispute of bank card thief brush from the Angle of law.This article is divided into the following parts:The first part,the introduction.In recent years,bank card issuance has proliferated,and the number of bank CARDS in China has been increasing.In recent years,bank card theft brush crime is frequent,bank card theft brush case investigation cycle long,the detection rate is low,the bank and cardholder caused a lot of economic losses.This article analyses the reason of bank card stolen brush case occurrence,recognize the legal relationship of deposit,and combining with the current research status quo of the card bank to the cardholder's responsibility and burden of proof allocation.In addition,this paper will analyze the strategies of the UK,us,Japan,Germany and other countries on the dispute of bank card theft brush,and put forward a reasonable coping strategy for the dispute of bank card theft in China.The second part,the identification and cause analysis of bank card theft.Bank card theft is generally recognized as the card,the password is not leaked,the money is not related to the third party withdrawal or consumption.Bank card theft is generally a gang,transnational,technical crime,because of the low cost of crime,involving a wide area,it is difficult to find criminals.Bank card stolen brush crime is basically has the following reasons:the crime of low cost,our country was still in the stage of a magnetic stripe card to the chip card migration,abroad into criminal gangs,loopholes in financial institutions and the cardholder defective card security protection consciousness.In addition,because of China's current legal blank card stolen brush dispute,Banks and the cardholder has no clear responsibility division standard,so frequently,connection with different regional court sentenced phenomenon,is not conducive to maintaining judicial fairness and authority.The third part is the determination of the savings contract.There is a savings contract between the cardholder and the card issuing bank,but the contract law of our country has not clearly defined the savings contract.Scholars for the identification of nature of savings contract,there are mainly loan contract and safekeeping contract said two words,loan contract said that the cardholder savings contract is with the bank creditor's rights debt relations,safekeeping contract said that the cardholder savings contract is on keeping relationship with Banks.In view of the conclusion and performance of the savings contract,it is not in keeping with the characteristics of the custody contract,and it is more appropriate to understand the savings contract with the debt and debt relationship.Therefore,I agree with the loan contract.The fourth part,the bank card theft in the case of issuing bank and cardholder's responsibility.The dispute in the case of bank card theft:cardholder and bank,who is responsible for the loss of bank card theft.There are two main problems to be solved.First of all,the cardholder and the legal relationships between the card bank,the third part has discussed,according to user's savings to the ownership of the Banks' capital,academic circles are mainly two views safekeeping contract and credit contract.There is a legal relationship between the cardholder and the cardholder,and it is not discussed here.Second,whether the cardholder and the bank has to meet its obligations,the cardholder responsible for the safekeeping of bank CARDS to prevent others to steal,aware of the obligation to keep the password to prevent others,bank as a professional financial institutions have to ensure the system security,to avoid attack,able to identify the authenticity card and provide a safe trading environment,informed the cardholder for help in a timely manner the obligation such as frozen account.In the fifth part,the relevant legislation and the research status of foreign bank card theft and brush dispute.The United States and Britain of bank card issuer and the cardholder liability for unauthorized the dispute law earlier,British and American countries the cardholder need only limit responsibility,no more than $50 in the United States,Britain is not more than 50 pounds.Japan and Germany do not have cardholders' quotas to determine whether the cardholders are at fault,and whether they share responsibility with Banks,and in what proportion.The sixth part,in view of the bank card stolen brush frequent disputes a bank as a professional financial institutions shall,in the process of the performance of the main contract fulfill the duty of the cardholder's security,improve the banking system from the aspects of technology at the same time,the cardholder should constantly improve the risk prevention consciousness,at the same time,our country should make a specific law on savings contract as soon as possible.