论借记卡纠纷举证责任分配规则-法律专业论文.docxVIP

AbstractIn Abstract In recent years，more people through the means of bankcard copy equipment， communication tools and network to commit crime in our society．Such crimes infiinge on interest bo也cardholders and issuers．The alloca缸on of the burden of proofis the key tO resolve the disputes． It can be beaer for cardholders and financial industry development if the judge has clear rules and uniform standards ofthe allocation ofthe burden ofproof． The research methods include empirical analysis methods，economic analysis method，comparative research methods，literature research methods and SO on． According with the existing judicial practice experience and the views of some scholars tO put forward some legislative proposals of the roles of allocation of the burden ofproof． In addition tO也e introduction the thesis divided into three parts． The first part is the judieial status．Firstly，the paper introduces the current situation and problems in the current legislation．Secondly，the paper describes the status ofjudicial practice．It is significant for issuer to take responsibility for liable for its fault,and then the paper analysis the effect of standard terms．There are some issues in recent cases about the allocation of the burden of proofl The second part is about jurisprudence and evaluation．In the first place，the legal relationship between cardholder and issuers are illustrated．Secondly，it discusses the issuer civil liability principles．Finally，the paper analyzes the distribution of the burden of proof of the theory to provide a theoretical basis． The third part generalizes the rules ofthe allocation ofthe burden ofproof．The rules in the United States，South Korea，EU，and Chinas Taiwan region are referenced．Some improvements are necessary．The issuer should prove cardholder’S fault．The cardholder should prove his lost．The issuer should prove the trading system’S security．The issuer also needs tO provide ATM video．At the same time， the cardholders as financial consumer need