Research On Limitation Of Card Holder's Liability In Bank Card Theft Brush

Through the analysis of the civil dispute cases of 113 bank card theft brushes selected by the Chinese referee online,it is found that the two parties in the current stage of bank card theft disputes are mainly cardholders and banks(issuing banks and their superior banks in charge).By combing the applicable law of the court and the result of the judgment,it can be found that in the dispute of bank card theft,there is a restriction on the civil liability of the cardholder under the condition that the cardholder can prove that the pilfer man is the false card theft brush.Moreover,the limitation on the civil liability of the cardholders is conducive to the promotion of equity,the innovation and development of the banking card industry,the prevention of the recurrence of the loss,solving the problem of spamming bank card but also it is in line with the concept of consumer protection.However,through the analysis of sampling cases,it is found that there are several problems when the court limits the liability of cardholders in bank card fraudulent disputes.First,there is no unified standard of responsibility,"the same case is different",second,the civil liability of the cardholders is unduly limiting,third,the position is biased toward the bank,and the civil liability of the cardholder is not limited.There are some reasons for the existence of the problem,because the current laws and regulations are not perfect,and there is no unified standard for the limitation of liability,and "the same case is different";because the confusion in the application of the principle of imputation,the civil liability of the cardholders is unduly limiting;because the confusion in the application of the burden of proof and the abuse of the principle of fairness,the court's judgment is biased in the position of the bank and do not limit the responsibility of the cardholder.According to the problems,we put forward some specific suggestions for the application of law.First,the burden of proof of the card holder's fault should be handed over to the bank,and the litigants should be encouraged to prove it actively.Secondly,it is suggested that the civil liability allocation of the cardholder should be regulated according to the strict liability.Finally,it is suggested that when a court conducts discretion according to the principle of fairness,the discretion should be grasped in a reasonable range.Because there are some problems in legislation,we should improve our legislation.Under the special legislative model,the suggestions on the legislative content of the legislative principles;the nature of the bank cardcontract;the contract obligation between the cardholder and the bank;the division of the burden of proof between the cardholder and the bank;the principle of the responsibility of the cardholder and the bank;the principle of the civil liability allocation and the setting of the quota are put forward.