An Empirical Study On Adjudication Rules Of Bank Card Stolen Cases

In recent years,with the continuous development of China's bankcard industry,the problem of bank card stolen appears frequently.Bank card stolen cases has been common case because of the cases increasing about bank card stolen.However,there is no clear legal provision for this kind of case in our country at present.Our country is a civil law country.The lack of basic norms for the right of request leads to the frequent occurrence of "different judgments in the same case" in judicial decisions,that the rules of judgement con not be unified.This article summarizes and analyzes the legal relations between banks and cardholders by studying typical cases about bank card stolen.Then it analyzes the legal relations between banks and cardholders,the applicable zurech-ungsprinzip and the principle of burden of proof distribution in this type pf case.On the basis of the analysis,the author puts forward the concrete opinions and suggestions to the judicial decision.The whole text is divided into there parts.The first part is the summary and assessment of the judgment rules of bank cardstolen Cases.Firstly,the author combs the sample of this kind of case in a city court in the past five years,and analyses the result of the judgment of this kind of case,and then selected three typical cases with different judgment results for empirical analysis.Based on the analysis above,the author summarized the common points and disputes of the rules of judgment in these types of cases.The second part is the analysis of doubtful and difficult points in the dispute of bank card stolen.At this part,the author first discussed the obligations of both banks and cardholders;Secondly,the legal relationships between the civil subjects involved in the case.Thirdly,the author analyzed the principle of imputation that should be applied in such cases.Finally the distribution of the burden of proof was discussed.The third part is the way to solve the problem of bank card stolen Cases.On the basis of the discussion above,the author put forward some specific suggestions for the existing problems.First of all,it is to clarify the proportion of civil subject's liability in such cases,and unified the standards of adjudication.Second of all,it is to strengthen the reasoning of the adjudicatory documents in such cases,bybetter achieving the interpretation of the law,and demonstrating it fully.Through the study of the rules of judgment and the doubtful and difficult points involved in the case of bank card stolen,In-depth analysis of the principles of liability,burden of proof and civil liability in such cases,It will provide ideas for the unification of the judges 'standards,It also tries to achieve the goal of unifying judgment standard,and protecting the legitimate rights and interests of the parties.