Research On The Rules Of Loss Allocation In The Unauthorized Transactions Of Bank Card

Bank card as a new comprehensive financial instruments, and with it the advantage of quick and convenient payment, has now become one of the world’s most important means of payment.With the development of banking payment, follow the contradictions and disputes will be increased gradually, removing malicious overdraft credit card bank card transaction conflicts of this kind, including unauthorized trading cases conflicts especially.Mainly because compared to traditional means of payments,bank card owner standard terms set by the banks not only have no choice but also facing an endless stream of digitized technical vulnerabilities, which result in a more serious harm to its interests, making it weaker and more significant.Yet bank card owner protection of rights and interests related to the successful development of the bank card business, so it needs in the event of unauthorized transactions for non-authorized transactions identified and liability for cardholders on preferential protection.Throughout the bank card loss sharing mechanism in unauthorized transactions,and the enactment of a special law of the United States and rely on the business practices of United Kingdom compared, both in laws and regulations as well as industry management provisions are inadequate, which protect card holders ’ interest in a vulnerable position especially.Therefore, our country, learn from foreign advanced and complete legislation, by focusing on bank card owner the rights to build,develop specialized legal and rational allocation of the burden of proof after the loss,loss of sharing the responsibility, right on the perfection of remedy and specification for bank card business, thus promoting the improvement of China’s unauthorised transactions the bank card regime of allocation of loss.