| Bank card payment is an important tool in modern society, to reduce transaction costs, facilitate public life played a huge role. However, cloning and fraudulent bank card case appeared in large numbers, but for the safety of funds poses a serious concern. Properly handle the cloning fraudulent bank card phenomenon caused by the civil cases, is to safeguard the legitimate interests of the parties to ensure that the bank card industry and even the healthy development of the whole financial industry prerequisite. As China’s current lack of uniform application of the law based on judicial practice, different times, in different regions of the court when dealing with such cases grasp the scale and thus lead to judge the results emerged as a very different face. So, how in the nationwide unity of recognition referee scales, it is worth attention and careful study.This paper is divided into six chapters. The first chapter is the introduction, this study leads to the starting point and the text of the main research tasks. The second chapter is a fraudulent bank card was cloned in civil cases generally interpreted, in this chapter, detailed analysis of the bank card industry development status and industry participation in the main subject of this study clearly "bank card" of the specific scope; while also reading a fraudulent bank card cloned the entire process, and based on this analysis of the bank card was cloned fraudulent civil cases in the judicial practice of processing methods and results.Chapter III of the bank card was cloned fraudulent nature of civil cases, the first analysis of such cases eligibility parties, to define the rights and obligations of the main case, that savers and issuing bank; Second, identify the legal property of depositors on the basis of the contract, the nature of the class of civil cases are resolved, that such cases actually contains depositors of banks filed the complaint for breach of contract and bank infringement action filed counterclaims.The fourth chapter focuses on research on the Principles of Responsibility, was cloned from a fraudulent bank card major civil trial content focus, such cases come to the basic principle of imputation principle of fault attributable to the conclusion, and argues that class the main fault of the parties in the case type.Chapter V discusses the fraudulent bank card was cloned allocation burden of proof in civil cases, the burden of proof from the general allocation rules to start, according to the actual situation of this class of cases, hearing of the case as well as the main stages of the specific allocation of the burden of proof were defined. Chapter VI is the conclusion, roughly recalled the idea of this study and the main ideas on how to effectively prevent the occurrence of this class of cases made simple suggestions. |
