An Analysis Of Huang And China Construction Bank Corp West Branch's Disputes On The Bank Card Fraudulence

As a convenient and efficient financial payment tool,bank cards have obvious advantages over traditional payment methods.In the past ten years,bank cards have developed rapidly in China,and the number of cards issued has continued to grow.Just as there are two sides of the coin,the bank card is convenient for people's lives,and its potential risks are gradually emerging.The stolen brush of the bank card is one of its risk manifestations,and the number of stolen brush cases is increasing year by year.The number of bank card theft and brush cases has been increasing,but there are no clear legal provisions on the handling of such cases at this stage.In judicial practice,because of differences in values and professional standards,the distribution and assumption of the burden of proof between the two parties when dealing with such cases by different judges is not uniform,and sometimes even varies greatly,resulting in different sentences in the same case.For example,the cardholder is fully responsible for the judgment,the cardholder and the bank are each proportionately responsible,or the bank is fully responsible.In order to protect the legitimate rights and interests of all parties and safeguard the legal authority,it is necessary to conduct an in-depth analysis of the legal issues involved in the bank card theft case,clarify the burden of proof given to all parties by the laws and regulations,and clarify the responsibilities that the parties should bear.In addition,individuals believe that in such cases,the cardholder has no leaks,and the court has ruled that the cardholder bears a certain proportion of responsibility,that is,the cardholder still needs to bear some responsibility for no breach of contract.The result is unfair to the cardholder.Worth a legislative study.This article takes the case of Luang Xi branch of Huang Mou v.Construction Bank as an example,mainly related to the bank card theft brush.The focus of the dispute in this case focuses on three aspects:First,the application of the law of the cardholder's bank card stolen brush,that is,what kind of legal relationship should be applied more appropriately;The second is the issue of the proportion of responsibility borne by the bank;The third is whether the case applies the principle of first sentence and later people.Based on the analysis of the legal relationship of the case,this paper leads to the question of the rights and obligations of both parties and their responsibilities,and makes clear the application of the law in the procedure.This article puts forward a new view on the burden of proof of bank card leakage that affects the outcome of the judgment.That is,in the absence of evidence from either party to prove that the other party has leaked the bank card password,because the bank can not provide sufficient evidence to prove the security of its own information system,it is decided that the bank has lost the case.It will be paid in full.It is hoped that the analysis,discussion and new views in this paper can be used as reference for the case of bank card theft brush injudicial practice.