Analysis Of The Case Of Wang Mouqing V.A Bank Savings Contract Dispute

With the development of information technology such as the Internet and mobile communications,China's banking industry has undergone profound changes.Online banking,fast payment,and third-party payment services have developed very rapidly.Although this provides convenience for people's lives,it also gives consumption.Bring a series of risks and challenges.In recent years,there have been many civil compensation disputes between depositors and banks and third-party payment agencies caused by telecom fraud in the case of third-party payment agencies.Wang's case against a bank is a typical representative.The commonality of such cases lies in the fact that the third party outside the case defrauded the depositor' s account number,password,ID card number,mobile phone number and other personal information,and stolen the funds of the depositor in the bank account.The focus of the dispute is that the depositors are not due to their own factors.The personal information caused by the custodial obligation is leaked,so that the legal consequences caused by the use of the information leaked by the third party outside the case and in the name of the civil act are borne by the bank;the bank reserves the account according to the depositor when opening the account After the personal information is electronically recognized by the depositor,the payment is made according to the payment transaction instruction,which constitutes a breach of contract;the third-party payment institution uses the information filled by the customer to verify the identity of the customer and the bank account status through the public security system and the banking system,and verify After the passage,whether the payment is completed in accordance with the transaction order initiated by the applicant constitutes a breach of contract.The focus of these disputes directly affects the people's court's final judgment on whether the defendant bank and the third-party payment institution need to bear the liability.In the trial of similar cases,the people's courts conducted trials around the fact that the depositor information was leaked and whether the bank had fulfilled the contractual obligations of identification.It also believed that the bank was in the process of providing electronic banking services in accordance with the agreement of the e-banking customer service agreement.It is necessary to identify the customer's identification number,password,e-Cert and dynamic password card,and the customer needs to keep the personalinformation properly.All transactions under the support of the e-Cert or password will be regarded as the normal operation of the customer.The bank operates in accordance with the depositor's instructions.There is no faulty behavior,and it does not constitute illegal or breach of contract.Therefore,it is not necessary to bear the responsibility for the stolen loss of funds caused by the depositor's leakage of personal information.In this type of case,there are also a number of third-party payment agencies involved.The participation of third-party payment agencies in the lawsuit can not only help the court to clarify the truth of the case,but also help to achieve a fair and reasonable ruling.The third-party payment platform is developing rapidly under the new situation.In the context of the third party,the role of the third party of the third party payment institution can be fully utilized to further clarify the role of depositors,banks and payment institutions in the case and the responsibilities that should be assumed.In addition,such cases involve the intersection of civil cases and criminal cases,using the principle of first-in-class criminals,and defining the responsibilities of parties in civil litigation cases based on the results of criminal cases,which is more conducive to the fair handling of disputes between the two parties.