has the responsibility to save the video data


Original title: fraudulent bank card was sentenced to bear responsibility for eighty percent,http://xjxg.cn/thread-1693825-1-1.html

Abstract: Foshan public Xu bank card was cloned, stolen brush 378,000 yuan, he will issuing bank to court to require full compensation.

Southern News correspondent correspondent Sun Nan Shao Ming Ouyang Xu Jianhui Foshan public bank card was cloned, stolen brush 378,000 yuan,http://210.165.20.204/cgi-bin/custombbs.cgi/, he will issuing bank to court to require full compensation. Foshan Nanhai District Court sentenced the two sides evenly divided responsibility. Xu refused to accept the appeal to the Foshan Intermediate People's Court. Yesterday, the South reporter learned Foshan Intermediate People's Court of Final Appeal commuted banks bear responsibility for eighty percent, Xu bear responsibility into two.

First instance: Bank depositors each reprimand

November 1, 2011 in the evening, Mr. Xu received a phone message,http://www.web-display.com/index.php?item/create_form/6, showing his bank card spending 378,000 yuan. The card is still in the body, he immediately reported to stop and alarm.

Nanhai Court of First Instance that the consumer can reasonably infer three pen Xu debit card is fraudulent others,peuterey wiki, but can not be excluded Xu active, passive or inadvertently leaked during use account information, passwords possible negative savers password There safekeeping and confidentiality obligations. Mr. Xu is not due to this evidence,outlet woolrich bologna orari, he should be held accountable.

The Court also believes that others can use to steal passwords and bank card information forgery, consumption,cadriano woolrich,http://karua.at.webry.info, indicating that banks offer debit cards do not have complete security and uniqueness; because banks did not give PO S machine gives authenticity to identify the function of debit card that counterfeit card POS machines recognized consumer payment instructions. Commercial banks should be based on the relevant equipment in various criminal activities attack after being exposed weaknesses at any time to improve it.

The above analysis,nuova collezione moncler 2013, 50% of the discretion of the court by the bank compensate Mr. Xu losses.

Final: Bank has regulatory responsibility for merchants

Xu refused to accept this decision,moncler bambini outlet online, the Foshan Intermediate People's Court of Appeal. At this fraudulent bank card gang arrested,http://www.hngxzx.org/home.php?mod=space&uid=43454, they are recruited to a restaurant hidden in the credit card payment process to help the guests waiting to be guests in their own bank cards carry a "reader" on swipe steal card information, then Guests enter the password while peeping into the password.

Foshan Intermediate People's Court of Final Appeal believes that the bank does not recognize the true card and counterfeit cards in the third person using a forged bank card transactions in the process,woolrich outlet bologna orari, resulting in the bank card funds illegally occupied by others, which should bear the liability for breach. Because the case involved the use of a bank card holders place a place of business merchants,piumino woolrich outlet, and banks to merchants trading equipment safety management bears some regulatory obligations, is banking transactions using the safe use of equipment, lack of supervision of the presence of merchants, banks this There should be at fault.

Mr. Xu in the use of debit cards to make debit cards beyond their control, also peep the password, the court held that there is no fault in its disclosure aspects of the bank card information and passwords,http://snowstorm.sourceforge.net/cgi-bin/site.cgi,saldi woolrich, but this fault only as "waive or reduce Bank does not recognize the subject Weika should bear responsibility. "

Accordingly,http://www.prco.jp/~shake/apeboard/apeboard_plus.cgi?command=viewres&target=166366/, the Foshan Intermediate People's Court of second instance Xu discretionary funds on the card is liable for losses in the range of 20%, the bank card to take responsibility for financial losses in the range of 80%. (Source: Southern Metropolis network

Readers see the stack of Foshan AⅡ Reading

Judges say

Kelong Ka banking dispute behind four major problems exist

Foshan Intermediate People's Court of Justice has issued a proposal to Foshan Banking Association in such cases that the cloned card deposit banking disputes behind the four questions, suggestions standardized banking management to reduce the incidence of such disputes.

Banks failed to identify cloned card should bear the primary responsibility for

Most disputes arising from the bank fails to effectively identify cloned card triggered, the bank was therefore bear the primary responsibility for the decision. The court held that, in accordance with relevant laws and regulations, the obligation to protect the user bank deposit safe, should continue to upgrade and improve its bank card machine matching system, plug the loopholes,chaussure tn homme, technically ensure uniqueness and can prevent illegal copying of bank cards,taglie woolrich, even if depositors password is stolen,hogan online outlet, but if the bank transaction system can effectively identify the authenticity card, the same can ensure the safety of deposits cardholder.

Banks save the video data and sign purchase reprint deadline is too short

Banks save the video data and reprint universal sign purchase deadline is too short, there are banks reflect the shelf life of video data is only three months. The court held that the bank as a specialized financial institution, has the responsibility to save the video data, sign purchase reprint and other evidence, if the bank is unable to provide such evidence,woolrich shop on line, the burden of proof should not be the responsibility.

Bank of safety related equipment and premises have security obligations

Suspect people use the ATM machine to install card readers, cameras methods, copy cardholder card information and steal bank card password. Bank of these ancillary equipment and premises security obligations not covered,http://mooc.imxuesheng.com/home.php?mod=space&uid=41270, even the vast majority of commonly ordered to bear all the losses. The court held that the bank ATM machines as a provider of security-related equipment and premises guaranteed obligations.

Merchants, banks should bear responsibility for the problem

Part of the merchants did not strictly fulfill the duty of care, and even the staff to install a card reader to steal bank card information on the PO S machine, because trust relationships between merchants and banks, the banks have to bear some responsibility. The court held that the bank's trading merchants safe use of machines and tools exist, lack of supervision, bank wrongdoing, should bear some responsibility.