Bank Card Authorization Transaction Of Risk Allocation

In the bank card transaction authorization caused in civil legal disputes,risk allocation between issuers and cardholders,related to the cardholder's rights can be fully protected,affect the healthy development of financial consumer choice for the new mode of payment and the entire banking industry,which has become one of the core concerns of modern payment law system.At present,China's current payment system legislation has not yet clearly defined between the issuing bank and the cardholder bank card authorization transaction disputes loss sharing rules.The purpose of this paper is to design the bank card authorization mechanism to solve trade disputes is relatively fair and reasonable allocation of risk,to provide a strong basis in judicial practice.In the design process of risk allocation,this paper starts from the core of the first bank card from the basic legal relationship analysis,issuers and cardholders,between issuers and agent based legal relationship between the cardholder and the issuing bank contract framework agreement based on,starting with capital characteristics of issuers and cardholders the loan contract relationship,and analyze the nature of bank card authorization behavior and responsibility,combined with the author encountered in the trial practice in the case and the case China referee instruments online collection,the bank card payment authorization in the detailed classification,risk allocation mechanism of fair and reasonable each kind of case design corresponding and.Because of technical factors lead to the bank card payment authorization disputes,the issuing bank should be based on strict liability to bear all the risk of loss,non issuers can occur can prove that the loss is due to the cardholder or others are caused by the cardholder and others to bear the loss;on the other hand,payment disputes because of Cardholder Authorization in negligence caused the bank card,because the burden of proof of the existence of a causal relationship between the loss and the cardholder behavior,unless the cardholder can take the bank show that the loss caused by the cause or non cardholders for their own reasons,otherwise the cardholder should bear the loss,the remaining losses borne by the bank.The design of distribution of the risk,improve the current judicial practice in China on one side of the pattern,does not appear to focus on the protection of cardholder or bank,but also more in line with our current social economic and legal environment conducive to financial market players to balance,also conducive to the protection of cardholder as consumer rights.Improve the financial market vitality,has important significance to promote the sound of China's rule of law system.