A Study On The Determination Of Civil Liability In The Case Of Bank Card Stealing And Swiping

Bank card is an indispensable financial tool in people's life,because the security of bank card involves the property interests of depositors.Therefore,when the false card theft brush cases,often in the society has a huge impact.When the life of the bank card theft brush case,the bank to the depositors stolen brush deposits can not effectively pay off,which is detrimental to social harmony.Not only do depositors question the security provided by Banks,but they also greatly reduce their sense of trust with society,which is contrary to the harmonious development of society advocated in the modern era.Therefore,after this kind of case happens,the court should deal with it properly.So in the face of this kind of dispute,it is a crucial step to make a correct identification of the civil liability of fake card swiping.The author through the empirical study finds that the court in this kind of false card stolen brush case trial results are very different,on the one hand,and each court on the part of the theoretical understanding of different has much to do,that is,the nature of savings contract and deposit ownership,the allocation of burden of proof,the bank in the case of reducing principal reason to know,on the other hand is the legal relationship of this kind of case is more complicated,because it involves criminal cases.The author hopes to explore the reasons behind it through in-depth research.This thesis consists of three parts,the first part of the nature of savings contract,and bank card stolen brush in the case of civil legal relations and obligations burden based on bank savings contract has carried on the detailed analysis,from the empirical perspective,the second part first analyzes the current different court referee's results and problems in the civil responsibility identification,and the reasons behind the different referees results are analyzed,the third part on how to perfect China's bank card stolen brush system of civil liability that it put forward its own proposal.In this paper,the author takes the determination of bank's civil liability as the center,and discusses and analyzes the factors affecting the determination.