Counterfeit Debit Card With Drawals And Responsibilities Of Civil Legal Relations

With illegals coping the bank cards and stealing the account funds, the disputes about forging bank cards is more and more in daily life. As to these disputes, the judgements are quite different due to the lack of regulations. The disputes are focusing on whether the banks should pay to the depositors. It is important to analyze the relationships between the banks, the depositors and the offenders. Due to the currency's particularity, when the depositors deposit money into banks accouts, they have lost the ownership and acquired the creditors'right for the banks'payment. So the banks'cards are only claims evidence. Because there are negligence in the process of the banks'payment, the banks are not the third party acting in good faith. The payment can not constitute the payment to the claims quasi possessors and ostensible agents. This makes the payment voidable and the banks should pay to the depositors. If they refuse to pay, they should undertake responsibility of breach of contract. As far as the exoneration clauses concerned, they are voidable for the sake of protecting the financial consumers. Of course, according to the extent of negligence of the depositors, it is proper to diminish the banks'responsibility due to the negligence offset principle . At last, the trend of legislation is to aggravate responsibility of the banks in order to encourage them to improve the technology and diminish the relevant cases.