信用卡盗刷民事法律问题案例分析

发布时间：2018-11-26 14:12

【摘要】：随着科技的进步、经济水平以及国民对于服务效率要求的不断提高,信用卡因其特有的品质而在人们的日常生活中得到广泛使用,并备受青睐。但近年来,信用卡盗刷事件的频发,导致信用卡民事纠纷在数量上与日俱增,而与此相关的法律问题便成为实务界和理论界关注的焦点。但因我国在信用卡相关问题上立法的缺乏,导致在实务中极少有确切的法律予以援引,法院对该问题的裁判可谓五花八门,有时甚至大相径庭。虽然大陆法系国家早已将信用卡制度进行了引入,但并没有在民法中形成较为成熟的理论体系,我国司法实务界和法学理论界也鲜少有对信用卡问题从民法理论的层面开展系统研究的成果。毫无疑问,如果纠纷得不到合理解决,持卡人的切身利益不能得到有效的保障,势必将在一定程度上降低信用卡交易主体对发卡机构乃至国家支付体系的信任度。对信用卡盗刷案件所涉及的责任划分方面的相关立法予以完善,使信用卡交易中持卡人的权益保护机制不断完善,这不仅让持卡人的合法权益在极大程度上得到保障,也对我国各类银行在服务质量的提升上,增强市场竞争力以及改善自身形象方面具有非常积极的促进作用。本文通过几个案例引出在我国当前的司法环境下,信用卡盗刷纠纷缺乏相应的法律理论,各地法院也没有统一的裁判结果,并进一步对案例存在的一些法律争议问题展开分析。文章共分为三个部分:第一章通过对三个不同诉讼主体案例的介绍,来引出信用卡盗刷案件存在的一些争议问题以及与此相关的其他法律问题。第二章是对案例所引发争议问题的梳理,主要对信用卡及其盗刷和信用卡交易各方当事人及其相互之间的法律关系和责任承担问题展开分析,以期明晰他们之间存在的较为复杂的法律关系,并对责任进行公正合理的划分。第三章通过对域外国家关于信用卡有关规定的介绍来引出对我国的一些借鉴意义,并据此从立法、监管和信用卡交易主体意识等几个方面提出完善我国信用卡交易及防范交易风险的一些具体措施,希望能够实现明确信用卡盗刷之民事法律问题及预防信用卡交易风险之目的。
[Abstract]:With the progress of science and technology, economic level and the continuous improvement of service efficiency, credit card has been widely used in people's daily life because of its unique quality. However, in recent years, the frequent occurrence of credit card theft has led to the increasing number of civil disputes on credit card, and the related legal issues have become the focus of attention in the field of practice and theory. However, due to the lack of legislation on credit card related issues in our country, there are few exact laws to be invoked in practice, and the court's decision on this issue can be described as varied, sometimes even quite different. Although the credit card system has already been introduced into the civil law countries, it has not formed a more mature theoretical system in the civil law. There are few systematic researches on credit card from the theory of civil law in our judicial practice and legal theory. There is no doubt that if the dispute can not be resolved reasonably, the vital interests of the cardholder cannot be effectively protected, which will inevitably reduce the credit card transaction subject's trust in the credit card issuer and even the payment system of the country to a certain extent. The relevant legislation on the division of responsibility involved in the case of credit card theft and brushing has been perfected, which makes the protection mechanism of cardholders' rights and interests in credit card transactions constantly perfect, which not only ensures the legitimate rights and interests of cardholders to a great extent. It also plays an active role in improving the service quality, enhancing the market competitiveness and improving the image of all kinds of banks in our country. Through several cases, this paper leads to the lack of corresponding legal theory in the current judicial environment of our country, the lack of corresponding legal theory and the lack of unified adjudication results in various courts, and the further analysis of some legal disputes existing in the cases. The article is divided into three parts: the first chapter through the introduction of three different litigant cases to lead to some controversial issues in credit card theft cases and other related legal issues. The second chapter is the case of the dispute caused by the comb, mainly on the credit card and its theft and credit card transaction parties and their mutual legal relationship and liability to carry out an analysis. In order to clarify the more complex legal relationship between them, and the fair and reasonable division of responsibility. The third chapter introduces the relevant provisions of foreign countries on credit cards to draw some lessons from our country, and accordingly from the legislation, This paper puts forward some concrete measures to perfect the credit card transaction and guard against the transaction risk in the aspects of supervision and credit card transaction subject consciousness, hoping to realize the purpose of clarifying the civil law problem of credit card theft and preventing the credit card transaction risk.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D920.5;D924.3

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