Research On The Cognizance Of Civil Liability Of Fake Bank Card Transactions

Recently, bank card is considered to be a safe and convenient way of depositing savings and it is a widely used social settlement tool. However, due to low security standards of Chinese cards’ magnetic stripe, as well as poorly efficient identification process, criminals can easily manufacture a "clone" card that enables them to proceed fake card transactions. In recent years, People’s Tribunal has been dealing with a growing number of cases considering fake card transactions. Due to lack of uniform legislation, gaps in theory and various conclusions on a number of cases, the credibility of judicial authority and its judgement have been seriously questioned, especially because of its decisions that do not contribute to the fight against the raising number of crimes.This paper tries to analyze the situation from the perspective of judicial practice. Using the theories accompanied by their occurrence in practice, case analysis and survey research methods, the paper step by step discusses legal aspects of the problem, comments on the burden of proof allocation as well as on confirmation of the responsibility while committing the crime of fake card transactions. This essay is divided into six chapters. The first chapter describes the background and significance of this research, which is followed by comments on Chinese and foreign policy on the topic, as well as by brief comment on methods of the study. Second chapter concentrates on the basic theories of fake bank card transactions, legal fraud concept and exchange relationship between the subjects, while the third chapter discusses the concept of fraudulent card transactions, trade disputes, typical and referee situations accompanied by judicial practice descriptions. The fourth chapter talks about fake card transactions and its burden of proof in terms of basic principles and proven methods of proof allocation, while chapter five concentrates on liability factors and responsibility principles that constitute the civil liability, it also focuses on solving the disputed issue from different legal aspects. The last chapter elaborates on the fake card transaction cases, which arise questions. It also summarizes the main points sustained in the paper, as well as gives constructive suggestions considering the prevention of fake bank card crime occurrence.