Finance of the first consumption: On June 6, 2018, top people court " block civil dispute case about trying a bank the regulation of a certain number of problems " (ask for an opinion to stalk of grain) (abbreviation " file " ) seek an opinion publicly to the society. This file involves highest courtyard the many issues that lend those who write down card, credit card to support care blocking a person, for instance credit card sum plan interest issue.
Highest courtyard put forward sum the 2nd times to pay accrual two kinds of program of clausal effectiveness in the file:
Plan is to hold " means of specified amount of reimbursement of lowest of choice blocking a person repays credit card overdraws the paragraph has repaid lowermost reimbursement specified amount, view according to did not repay overdraw frontal plan pays day of charge to an account to arrive of reimbursement day overdraw of accrual, people court should grant to support " ;
Plan 2 it is the bank is opposite " repay according to means of lowermost reimbursement specified amount credit card overdraws the forehead, should according to overdraw entirely frontal collection arrives from day of charge to an account of reimbursement day overdraw accrual " the clause did not use up reasonable clew and demonstrative obligation, the person that hold card advocates according to did not repay overdraw frontal plan pays overdraw of accrual, people court should grant to support; Although hairpin travel uses up reasonable clew and demonstrative obligation, but the person that hold card already repaid overdraw entirely the forehead 90% , the person that hold card advocates according to did not repay amount plan pays overdraw of accrual, people court should grant to support.
Because resent to be punished at computation of credit card sum,cease, CCTV " now view " compere Li Xiaodong tells the Construction Bank the court. On September 1, 2017, beijing court of people of the city zone enters a judgement on the west, reject Li Xiaodong entire lawsuit request, assume a case to accept fee 50 yuan. Today, of protocol of top people court " the effectiveness that sum pays accrual the clause " two kinds of plan, or will let credit card hold calorie of person already repaying sum need not be assumed to punish again after lowermost reimbursement specified amount breath.
Finance of the first consumption hopes, credit card of 280 million China holds calorie of person, answer top people court actively to seek the operation of the opinion, offer top people court punishs the clausal respect of breath to adopt plan in sum one, namely credit card user is repaying sum is assumed to punish no longer after lowermost reimbursement specified amount breath. Actually, we the bank credit card and borrow when the photograph of Internet credit product of and so on is compared, can discover the inevitable reason with financial arisen science and technology, that is unlike bank and center of bank credit card in that way collection sum is punished breath.
Nod assist for top people court, hope this file can as soon as possible be born!
Top people court " block civil dispute case about trying a bank the regulation of a certain number of problems " (ask for an opinion to stalk of grain) the announcement that seeks an opinion publicly to the society
Block civil dispute case to try a bank correctly, protect each legitimate rights and interests of square party, according to " commercial banking law of People's Republic of China " " contract law of People's Republic of China " " law of liability of tort of People's Republic of China " wait for concerned law provision, combine judicatory practice, top people court was drafted " block civil dispute case about trying a bank the regulation of a certain number of problems " (ask for an opinion to stalk of grain) . To perfect this judicatory explanation further, protect the legitimate rights and interests of party better, pass net of official of top people court, Chinese court net to wait to seek an opinion publicly to the society now, personage of greeting society all circles offers precious opinion eagerly. Specific modification opinion feedback can be adopted written send or the means of email, show specific reason when to table a proposal please. Written opinion can send Beijing east the city zone east hand in civilian alley 27, top people court is civil try the 2nd front courtyard to v/LIT resemble closely forest, postcode 100745; Email is sent please to mailbox 111xuexue@163.com. This second ask for opinion date of expiration to be on June 30, 2018.
Hereby announcement!
People's Republic of China is highest people court
Two years on June 6
Top people court
Block civil dispute case about trying a bank the regulation of a certain number of problems
(ask for an opinion to stalk of grain)
Block civil dispute case to try a bank correctly, protect each legitimate rights and interests of square party, according to " commercial banking law of People's Republic of China " " contract law of People's Republic of China " " law of liability of tort of People's Republic of China " wait for concerned law provision, combine judicatory practice, make this provision.
One, suitable scope
The first (suitable scope) bank of the person that hold card and hairpin travel, blame pays orgnaization, engage by special arrangement the relevant principal part such as business door between because of explain get, the civil issue that the behavior such as use bank card produces, applicable this regulation.
This regulation is said the bank blocks civil dispute, include to lend the dispute that write down card and credit card issue.
2, credit card overdraws
The 2nd (the effectiveness that sum pays accrual the clause)
[plan one] means of specified amount of reimbursement of lowest of choose of the person selected that hold card repays credit card overdraws the paragraph already repaid lowermost reimbursement specified amount, its advocate according to did not repay overdraw frontal plan pays day of charge to an account to arrive of reimbursement day overdraw of accrual, people court should grant to support.
[plan 2] hairpin is opposite all right " repay according to means of lowermost reimbursement specified amount credit card overdraws paragraph, should according to overdraw entirely frontal collection arrives from day of charge to an account of reimbursement day overdraw accrual " the clause did not use up reasonable clew and demonstrative obligation, the person that hold card advocates according to did not repay overdraw frontal plan pays overdraw of accrual, people court should grant to support. Although hairpin travel uses up reasonable clew and demonstrative obligation, but the person that hold card already repaid overdraw entirely the forehead 90% , the person that hold card advocates according to did not repay amount plan pays overdraw of accrual, people court should grant to support.
The 3rd (of exorbitant interest, compound interest, penalty due to breach of contract adjust) hairpin requests to hold calorie of person to pay according to the agreement of credit card contract all right overdraw accrual, compound interest, penalty due to breach of contract, perhaps pay instalment poundage, penalty due to breach of contract to wait, lead the number of 24% to exceeding annual interest, people court should grant to support; Lead the number of 36% to exceeding annual interest, people court does not grant to support; Lead to exceeding annual interest 24% , did not exceed annual interest to lead the number of 36% , those who return request to return after the person that hold card pays of one's own accord, people court does not grant to support.
The 4th (litigant interruption) have one of following state, ought to maintain hairpin to advocate to the person that hold card all right overdraw creditor's rights, litigant interruption:
(one) hairpin is in by the agreement all right account of the person that hold card is buckled directly in account of other perhaps and relevant couplet delimit overdraw of money principal and interest;
(2) the connection means such as address of the phone that hairpin exercise uses obligate of the person that hold card, communication, email is urged receive creditor's rights, urge receive an announcement to reach the person that hold card, perhaps be not what travel account should arrive and reach the person that hold card not actually because of hairpin;
(3) hairpin goes to overdraw in order to hold calorie of person ill will view right reports a case to the security authorities to public security mechanism for existence crime suspicion;
(4) other and OK maintain the status that is litigant interruption.
Before paragraph (2) set condition, written urging the person of sign after receiving sth that stops an announcement can be the him person that hold card, person that hold card the has complete behavior capacity family member that lives together perhaps holds principal part of accredit blocking a person.
3, bogus card trades
The 5th (the concept that bogus card trades) this regulation is said bogus card trades, it is to show other forges bank card to brush card to undertake extraction showing, consumption, turn Zhang, bring about bank of the person that hold card to block account to capital decreases or show the behaviour that number specified number increases.
The 6th (quote responsibility and fact are maintained) card of bogus of existence of view of the person that hold card trades of the fact, its around bank is reached to block account to trade when when can offerring card of bank of experience of criminal court decision, case to trade, its hold card of bank of experience of some true card, case to trade detail, call the police the evidence such as record of record, report the loss of sth has a proof.
Hairpin advocates those who trade to controversy trades to to hold calorie of person he trade or hold authorization blocking a person all right, the agree carries quote to prove responsibility.
People court ought to examine the evidence that party both sides submits in the round, union trades behavior ground and distance of true card seat, trade time and report a case to the security authorities the fact such as the expression after the portion of the time, person that hold card, person that hold card uses the calorie of habit, person that hold card to get stuck to be brushed by pilfer in the bank, prove standard and advantage evidence regulation according to high probability, whether is integrated judgement put in bogus card to trade fact.
The 7th (the announcement that hairpin goes is compulsory)
[plan one] because hairpin goes to did not inform bank of the person that hold card to block account immediately,trade fluctuant circumstance, bring about cannot find out bogus card to trade of the fact, hairpin should bear consequence of quote incapable law all right. Hairpin was not bought with holding calorie of person all right paid the view does not have mobile phone short message to inform obligation for service of announcement of mobile phone short message, people court does not grant to support, bilateral perhaps without the mobile phone agreement employs the person that hold card the case except that other way informs.
Hairpin has evidence to prove its already issued an announcement immediately all right, this announcement already arrived or be not what travel account should arrive and reach the person that hold card not actually because of hairpin, should maintain hairpin to use up announcement obligation all right.
[plan 2] the fluctuant circumstance that because hairpin goes to did not tell bank of the person that hold card immediately,blocks account, bring about cannot find out bogus card to trade of the fact, hairpin should bear consequence of quote incapable law all right. Hairpin blocks a person to did not trade to odd pen with holding all right the bank card that the forehead exceeds 200 yuan trades buy paid mobile phone short message informs the view does not have this to inform obligation for the service, people court does not grant to support, bilateral perhaps without the mobile phone agreement employs the person that hold card the case except that other way informs.
The 8th (the announcement of the person that hold card, call the police or report the loss of sth is compulsory) the person that hold card is in know or ought to know hairpin to send a bank to block account to trade all right after fluctuant announcement, inform card of bogus of hairpin travel existence not in time to trade fact, report the loss of sth or call the police, bring about cannot find out bogus card to trade of the fact, the agree carries consequence of quote incapable law.
The 9th (hairpin goes check, conserve evidence is compulsory) after hairpin goes in the person that hold card to inform bogus card to trade, the hold that checks bank card not in time to the person that hold card reachs use situation, provide pair of evidence such as Zhang sheet or monitoring kinescope not in time without equitable argument, bring about concerned evidence to cannot be obtained, the agree carries consequence of quote incapable law.
The 10th (borrow the bogus card that writes down card to trade responsibility) happen borrow card of the bogus that write down card to trade, the person that hold card requests hairpin travel according to to borrow the agreement of the contract that write down card, pay capital and interest to its, people court should grant to support.
Hairpin travel quote proves the person that hold card writes down calorie of bogus to block pilfer to brush to borrowing have fault, the view is reduced inside the fault limits of the person that hold card or avoid hairpin travel responsibility, people court should grant to support.
The person that hold card adopts measure not in time to prevent a loss to expand, hairpin advocates the person that hold card should assume those who enlarge loss responsibility by oneself all right, people court should grant to support.
Eleventh (the bogus card of credit card trades) produce card of credit card bogus to trade, hairpin requests to hold calorie of person to repay according to the agreement of the contract all right overdraw of paragraph and accrual, people court does not grant to support. Request hairpin returns the person that hold card to still buckle the bank card that delimit to overdraw all right money principal and interest compensates for losing, people court should grant to support.
Hairpin travel quote proves to hold calorie of person to block pilfer to brush to credit card bogus have fault, the view is reduced inside the fault limits of the person that hold card or avoid hairpin travel responsibility, people court should grant to support.
Dozenth (the authority begging countervail that hairpin goes) because accept stand-alone compose, engage by special arrangement,the main body such as business door did not use up obligation of examine and verify to bring about bogus to block pilfer to brush, hairpin of appeal of the person that hold card undertakes responsibility of breach of contract all right, people court should grant to support.
Thirteenth (the tort liability that bogus blocks pilfer to brush a person) after hairpin undertakes responsibility of breach of contract all right, request bogus to block pilfer to brush a person to assume liability to pay compensation lawfully, perhaps accept stand-alone compose, engage by special arrangement after business door assumes responsibility, request bogus to block pilfer to brush a person to assume liability to pay compensation lawfully, people court should grant to support.
The 14th (the bad record that sign a letter prohibits) hairpin knows all right or ought to know existence bogus card to trade controversy, in bogus card trades before responsibility is affirmatory or in hold calorie of person not to answer bogus card to trade certainly below the posture that assumes responsibility, make the bad record that sign a letter to holding calorie of person, cancel of travel of hairpin of request of the person that hold card of this bad record that sign a letter, people court should grant to support.
4, network pilfer is brushed
The 15th (the idea that network pilfer brushs) this regulation is said network pilfer is brushed, it is to show other is risked with name of the person that hold card, use network of the person that hold card to trade identity attestation information undertakes the network trades, bring about bank of the person that hold card to block account to capital decreases or overdraw the action that amount increases.
The 16th (quote responsibility and fact are maintained) the person that hold card advocates existence network pilfer brushs a fact, can offer time of experience of criminal court decision, case and its from beginning to end card of its hold bank and its did not undertake the network trades, its and chamberlain do not have bank of fundamental legislation impact, its hold to block seat address and net to hand in easy IP address different, network is unusual trade record, call the police record.
Bank of hairpin travel, blame pays an orgnaization to advocate those who trade to controversy trades to to hold calorie of person he trade or hold authorization blocking a person, the agree carries quote to prove responsibility. Bank of hairpin travel, blame pays an orgnaization to should be referred by its the case experience of hold trades the electron when behavior happening trades the evidence such as the record, do not offer without equitable argument refus, the agree carries consequence of quote incapable law.
The seventeenth (the information that bank of hairpin travel, blame pays an orgnaization discloses obligation) hairpin travel and when the person that hold card signs a bank to block a contract, did not inform clamping apparatus of bank of the person that hold card to the network pays a function, perhaps did not inform hairpin travel and blame bank to pay orgnaization collaboration to begin pay platform associated bank through be not a bank to pay an orgnaization card trades wait for information, the person that hold card did not pay a clause to reach with respect to afore-mentioned networks with hairpin travel with its acceptability for, the view does not assume a bank to block network pilfer to brush responsibility, people court should grant to support, but the case except that the person that hold card knows or ought to know this to the network pays a function existence and agree to use.
Although hairpin travel informs bank clamping apparatus to some is planted the network pays a function, but the pattern of attestation of portion of the person that hold card that was not informed in the round and shows this network clearly to pay professional work, relevant trade regular, did not hint the legal hazard of this business, did not inform a risk to be on guard the information that the influence such as measure holds decision blocking a person to whether use this network to pay a function, because this network pays functional use to bring about a bank to get stuck to be brushed by pilfer, the person that hold card requests hairpin to assume what compensate for loss responsibility accordingly all right, people court should grant to support.
Case is stated before, hairpin has evidence to prove to hold calorie of person to brush those who have fault to network pilfer all right, hairpin travel reduces liability inside limits of fault of the person that hold card.
Blame bank pays when the orgnaization signs a network to pay a service the contract with the person that hold card, before was not being fulfilled to the person that hold card two information disclose obligation, before consulting 3 regulations are handled.
The 18th (blame bank pays an orgnaization to ensure the person that hold card to use calorie of safe obligation) the network that blame bank pays an orgnaization set pays identity attestation means, use network to pay system, equipment to wait have safe blemish to bring about a bank to get stuck to be brushed by pilfer, the person that hold card requests to be not a bank to pay an orgnaization to assume those who compensate for loss responsibility accordingly, people court should grant to support.
The 19th (compensate of go ahead of the rest pays duty) blame bank pays an orgnaization or Fuchi of compensate of go ahead of the rest of hairpin travel acceptance blocks person bank to block network pilfer to brush a loss, the person that hold card requests his to assume compensate of go ahead of the rest to pay duty accordingly, people court should grant to support.
The 20th (the responsibility of telegraphic operation business) other risks the name that uses the person that hold card to change identification card of identity of mobile phone user, telegraphic operation business did not use up obligation of careful examine and verify to give change, bring about the person that hold card to fail to receive a bank to block account to change mobile phone short message informs, the person that hold card requests telegraphic operation business to compensate for corresponding losing, people court should grant to support.
The 21st (responsibility contest closes) brush behavior because of same network pilfer, the person that hold card pays the either main body such as the orgnaization request compensation to bank of hairpin travel, blame, had acquired compensatory share, request to compensate for to other principal part again, people court does not grant to support.
The 22nd (consult applicable clause) before dividing, narrate outside already providing content, hairpin brushs those who answer the person that hold card to undertake responsibility of breach of contract because of network pilfer all right, consult the concerned regulation processing that bogus card trades.
5, other issue
The 23rd (the program problem of civilian punishment across) the bank card dispute that party mentions is civil lawsuit, accord with " code of civil law of People's Republic of China " of the regulation accept a condition, people court cannot rule in order to be suspected of for crime only do not grant to accept or be rejected sue; Had gotten the case of manage, case radical skill finds out what do not need to await criminal case to try a result solidly, party one party applies for break down to hear a case, people court does not grant to support.
The 24th (the evidence of civilian punishment across is maintained) the survey produce the expected result that obtains in criminal lawsuit phase notes, data of data of seeing and hearing, electron, interrogatory note, person of guilty suspect, the accused is offerred narrate, the evidence such as witness testimony, after qualitative card is passed in civil proceeding, whether does the decision collect a letter by people court. Already was produced the fact that the criminal court decision of legal effectiveness holds, party need not quote, but the case except that party has contrary card to be overthrown according to giving.
The 25th (the money amount of civilian punishment across is decided really) hairpin travel view, already returned returned money in criminal case, ought to get the agreement that uses agreement according to bank card, deduct from inside owing amount according to the order of charge, accrual, capital, people court should grant to support.
The 26th (electronic evidence) can reflect place to carry content through the form such as medium of photograph, electron and can move at any time take check used electronic agreement, user to register information, identity attestation information, land log, electron to trade the evidence such as short message of record, mobile phone, email, belong to the electronic data that the code of civil law provides the 63rd times.
The 27th (time effectiveness) after this provision applies have not the case of final judgment, applicable this regulation. Before this provision applies already final judgment, party applies for rehear to perhaps decide the case of rehear according to adjudgement monitor, not applicable this regulation.
