Research On The Civil Compensation Liability Of Banks In The Case Of Telecommunications Fraud

In recent years,telecommunication fraud cases occur frequently.When the criminals of fraud can not be identified,the victim often brings the bank to court as the defendant.Such disputes seem common and similar,but they are difficult to deal with in judicial practice.The cases of bank's civil liability caused by telecommunication fraud are complex,and the current laws and regulations do not clearly stipulate that.Although the cases and causes are similar,the courts at all levels have great differences in their judgments.In the process of hearing such cases,most judges focus their disputes on the following three aspects: the choice of the legal constitution theory of bank civil compensation,the identification of bank civil liability and the allocation of burden of proof of bank civil liability.In view of the different identifications of the above problems,the opinions of judicial adjudication are quite different.The conflict between the plaintiff and the defendant in the case is constant,and the ideal judicial effect can not be achieved,which seriously affects the social credit of our country.Firstly,the article describes the concept,characteristics and harmfulness of telecommunication fraud,which leads to the current situation of the litigation and trial of the credit card holder(the victim of fraud)as the plaintiff to sue the bank for civil liability for compensation,and elaborates on the legal principle and legal basis of whether the bank bears civil liability in such cases,so as to clarify whether the bank bears civil liability in the case of telecommunication fraud.The bank should bear the corresponding civil liability.Secondly,combined with the typical case analysis,the legal issues of bank civil compensation in telecommunication fraud cases in China are studied and discussed,and the causes and consequences are analyzed.As there is no legislation on this issue,the court has different basis on whether the bank bears civil liability,the division of burden of proof between the two parties and the principle of liability application in judicial trial,which leads to different judgment results and the plaintiff refuses to appeal.Finally,in view of the bottleneck of the previous law,this paper puts forward some feasible suggestions to improve the bank's civil compensation in China's telecommunications fraud cases.On the one hand,legislative and judicial suggestions on this issue should be made so as to make legal decisions according to law;on the other hand,for banking and financial institutions and cardholders,they should mainly restrict their legal suggestions,so as to cut off the possibility of telecommunication fraud cases from the root.It is expected that the Quartet will cooperate with each other and ultimately achieve the goal of maintaining the unity and impartiality of the law.