Research On The Civil Liability Of Bank Card Swiping In The Third Party Payment Platform

The third-party payment has established a convenient,fast,effective and low-cost way of capital transfer between the two parties of the transaction,which has effectively alleviated the payment pressure in the electronic transaction.However,it also hides problems such as transaction risks and security risks.At present,there are many cases of bank card theft through the third-party payment platform in China.The cases show the characteristics of large amount of theft,diversified and covert theft methods.Therefore,how to solve the civil legal problems of bank card swiping in third-party payment and safeguard the legitimate interests of both parties in third-party payment plays a decisive role in promoting the healthy development of e-commerce in China.First chapter in this paper,based on three typical cases,the essay discusses the case of unauthorized facts happened from the bases,the cardholder’s fault,the verdict and the law which is the basis of the court decision,ruling parties in proportion to the responsibility,civil liability theory foundation of this a few aspects of each case are analyzed in detail,and through the horizontal comparison shows that the difference between three cases decision and reasons.The second chapter starts with the basic concept of bank card stolen brush case,through access to information and steal the money,the essay discusses two aspects of basic concept,the third-party payment platform,the theoretical basis of bank card stolen brush disputes are analyzed,from the third party platform for unauthorized the case and the general bank card stolen brush case pointed out that through the third-party payment platform,the comparison of the characteristics of the bank card stolen brush.Starting with the legal relations between the bank and the cardholder,the bank and the third-party payment institution,the third-party payment platform and the buyer and the seller,the legal relations among the three parties as the basis of the case trial are analyzed in detail.This article third chapter to the third party payment platform,the current situation of the bank card stolen brush case,first from the current situation of legislation,system combed the Banks,the third-party payment mechanism of responsibility and the legal basis for the cardholder,secondly,from the perspective of the judicial status,from a different sentence,Shang Su Lv,connection with the liability to pay compensation amount,liability form,the region and other aspects the analysis of the system.Bank card and the third-party payment platform for unauthorized disputes responsibility identification problems,points out the current problems mainly focuses on the application of the imputation principles,the allocation of burden of proof,unauthorized evidence proof ability,the cognizance of the responsibility main body,theoretical basis for civil liability disputed this five aspects.In the fourth chapter of this paper,the existing problems discussed in the third chapter put forward suggestions,starting from the relatively macro legislative value orientation,put forward respect for value choice,strictly observe the safety bottom line,abide by the principle of technology neutrality and cost-benefit adaptation principle.Then it puts forward specific suggestions such as unifying the facts of bank card theft and the fault identification standards of the parties,refining the first compensation system,and clarifying the burden of proof of users,banks and third-party payment institutions.Finally,from the point of view of procedure,it is suggested to introduce the security procedure rules,and improve the application of this rule in the case of bank card theft.