Bank card money safe Record Case Law Seminar

 Bank card money safety case law seminar Record

Sohu host live financial channels (Zhu Wei): Artists from the forum and the China Renmin University of China jointly held Matilda Civil and Commercial Law Yanxishe legal issues the case of bank cards seminar now. Renmin University of China Civil and Commercial Law Yanxishe Matilda has always been to concentrate on discussion of the legal issues of social hot spots, since the event last year, Pornographic, 512 seminars, when there is earthquake-stricken area of Chengdu Chinese Medicine Hospital and dozens of judges to We attend the scene to answer, and Xu Ting Yunnan have been various legal experts support.
case of disputes on the bank card, in fact, a continuation of Xu Ting, the current holders of bank cards in China for more than 1.7 billion, basically staff a bank card, so many disputes, the light take a province of Guangdong, the subject of disputes a year amounts have been to four thousand million, that is not an alternative, nor is it a small problem but a very big problem. was aroused widespread concern because of the very real present See if you can come together to discuss some new ideas and constructive comments to influence the judicial practice and theory building.
innovation of the seminar, invited top experts in this technology, the PBC-related Leading experts to discuss.
seminar before the start of first introduce the experts:
Bank data transmission technology experts, the PLA Air Force III, a professor level senior engineer, designer of the national network of related professionals, State Department experts allowance winner over strong spiritual teacher;
drafters of the national digital network standards, the National Integrated Services Digital Network is responsible for experimental people, senior engineer, State Department experts allowance winner, the former Ministry of Information Industry Senior Consultant CTTL Du Sen teacher;
leading financial scholars, banking information security experts, researchers, the People's Bank of China Hong Song are teachers;
China China Law Society Legal Advice Legal Advice Centre, Ren Yishan, deputy director of the Department of the teacher;
International Law, Renmin University of China Dr. Li Mingqi teacher;
Beijing Wei Heng, deputy director of law firm, partner, Beijing Committee Secretary-General Li Xiaolin Criminal Defense Lawyers Association teachers;
Beijing University of Aeronautics and Astronautics Associate Professor of Law, lawyers Xu Xu Hui;
Beijing Hai Ming Law Firm prominent lawyer Zhang Hongzheng;
a Beijing law firm lawyers Chen Yue;
well-known economists, legal scholars, vice chairman of China's economic famous Forum, the Chinese Li, researcher at the Institute of Management Science Development teachers Li is very interested in legal matters, including the case of Xu Ting Li as the later commuted to a lot of work, but also the central station to engage in dialogue.
First, we have requested the development of teacher Mr Lee.
Li development: experts , ladies and friends in the media, good afternoon! should say very fortunate to join with experts to discuss the legal issues bank cards case on this issue to make a special seminar today's meeting should be said that if we simply summarize at least four characteristics are very significance.
First, the theme of this conference is an unprecedented, and it is professional, professionals talk about bank payment cards and bank cards stolen from the legal issues, the number of such problems are many, covers a wide range of professional seminars before but no.
the second theme of the conference related to the population of 1.3 billion, the vast majority of cases of lost bank card payments are also common, the near term I know of at least two courts is being heard, one is the Times City, CCTV told me, other similar cases, I believe also there. A few years ago there was a sudden I found the card has lost 7,500 dollars, and I know this kind of thing is not seeking not tell Grandma Grandpa Only nothing with. We have no way to fund this to the bank to have a say, and we have no evidence to the bank to have a say. If you want to win a similar lawsuit bank card cases, we need to prove yourself, prove that you no fault of their own, the card is not lost, did not reveal the password on the card, you have to prove you're not the scene, to prove that card of protection, not to lend to others, and so forth. we can not prove that such things only from the experience considered bad luck. not the same as today's meeting, legal experts to the meeting today were previously in the country for which many major cases often see their figure, they are particularly well-known experts discuss the law is very deep very unique .
also discussed the issue today when it has changed the background. In the past no one has the ability to criticize or prove the existence of banks in the technical aspects of the more obvious defects or major defects, not the same as today, and today we are here The just introduced a guest Professor Yu Jiangling the PLA General Staff Headquarters of Science and Technology Progress Award winner, two second prize winner, he is special net, one of the main design, also designed with a large number of private network-related technology products, particularly for understanding the network. In addition, a guest Professor Du Sen, Professor Du Sen long-term work in the Ministry of Information Industry, he is a national digital data network and network simulation standard-setting and head of network operations. They authority which should be said in this industry is no doubt.
Fourth, previous holders of these cases consumers are losing far as I know basically ended, mainly due to the lack of technical basis for the lack of documentation, through the After the meeting today, the majority of cardholders are likely to change the passive situation of consumers, there is some basis to the bank to have a say in the future course of action in such cases there may be some people able to win. For these cases legal discussion, everyone in the progress of the Chinese legal system to do some contribution.
Moderator: Thank you for the media to advertise for us, so as to make our voice even further, I am studying Social Club Matilda Civil and Commercial Law Long Zhu Wei.
below, please Professor Yu exciting for us to do the technical explanation.
Yu Qiang Ling: Thank you, thank you moderator. the bank system, the problem of information security protection technology to make a preliminary discussion, information security The importance is well known, and now it is called society, people regarded the information age, it is stated that the importance of information also shows that information security is a more special place. the banking system, information security in the civilian system, accounting for a very important position, Many people long for security and confidentiality of the banking system in the understanding of information I think there are two major errors. First, that the communications formed their own private network, my information in their own special network transmission should be is safe and will not be stolen. Second, the banks have done in the terminal some encrypted, should not be deciphered. It is erroneous understanding that the two led to the banking system, the information that appears for many years theft of various events triggered adopted an evasive attitude to ignore, many customers suffer loss due compensation can not be more serious is that we lost a lot of information and completely unaware of their own, have caused or may cause significant losses.
Second, the Bank of Communication Network of the problem, banks Communication Network is essentially composed of two ways, one is rented DDN is the national digital data network structure, another as the basic unit rented to EWON fiber-optic system into the national public digital network, regardless of hiring private network which are not composed of safety and security of information transmission, which is Dusen teacher will be described in detail in his statement, I am here to say no more. in fact the first misunderstanding erroneous understanding that the net is designed to be safe, in fact, your own private network is not a true private network, nor is there a special network security capabilities.
Third, bank-end encryption of the problem is A computer digital encryption, and are relatively simple one. Now I am overall safety and security of digital computer performance encryption a few observations, the early secret code secret language simulation was then guide screen when encryption, such as guide encryption machine, the trial encoder, etc., 80 years since the last century, electronic technology, especially computer technology, digital encryption of information security has become almost synonymous with information security people think of mention is the digital encryption, which indicates that digital encryption to information security has become an important means of protection or almost be said to be the only means. virtually form a Misunderstanding, appear to have been digitally encrypted security be guaranteed, at the same time leads to another error, all related to information security are digital encryption as a precondition. digital encryption technology application from the beginning to now has nearly 30 years, computer technology is not widespread in the early computer speed is not fast is really hard to crack the case, but the development of encryption technology for decades and decoding technologies are in progress, in particular the substantial increase in computing speed, memory capacity, greatly increased numbers, deciphering the digital encryption is undoubtedly beneficial to the advancement of species. digital encryption fatal flaw, the soft underbelly of digital encryption, digital Encryption technology is no doubt very safe protection technology, thanks to computer technology or digital encryption, coupled with the new password research, to a large extent protect the security of information and the timeliness of information, take some time to decipher, but the digital encryption there are fatal flaws, which questioned the safety of guaranteed performance, in particular, the digital encryption as the only means of security protection will be devastating.
1, digital encryption decipher prophetic. digitally encrypted passwords and encryption have some restrictive technology, which provides limited resistance to decipher prophetic.
2, the operability of digital encryption decipher. digital encryption, without exception, are using computer technology to achieve password generator, password change etc. Since encryption is used in computer technology, computer technology can be used to decipher the same. and can be faster, more powerful computers enough to make cracking the code, which will have a set of tools to decipher, and this is its maneuverability.
3, digital encryption to decipher the results of recognizability. digital encryption as is used in computer technology, the original signal generated cryptographic out a new signal, usually does not re-processing the original signal. If a data signal is encrypted, once the decryption is correct, the original data appeared, and the original signal characteristics to provide for the decryption of the result can be identifiable.
either TCP, IP and others have established the characteristics, PCM cluster example just said EWON signal, PCM is the international unity of the true cluster machine model has a fixed password, PCM encoded signals have a fixed idle code signal when the decoding process has been such a real machine models, such as true with the Idle PCM code password or confirm the successful decoding. and because there may be signals of these characteristics provides a shortcut for deciphering, a truth the same password for a fixed structure, and some may not really encrypted with the password encryption, which greatly reduces the deciphered difficult.
summary, digital encryption is not perfect, and each other and to be deciphered deciphering the password is an indisputable fact or that is definitely not the only individual cases. dedicated digital encryption device has deciphered possible, not to mention the banking system is relatively simple digital encryption. Bank communication network during the transmission of information is entirely possible theft, theft of the future may be to decipher the signals, so a customer's deposit was stolen or diverted away to nothing strange, the signal can steal down, steal the signal can be deciphered, then turn away this thing is not much to surprise. banks must face the reality that things have been objective, the key is do you want to face it, you do not recognize it. compensation for the loss of customers is of course important, but more importantly some important information may be stolen will be incalculable loss, which usually can not see, at the crucial moment may be a big problem. I personally think that the banking system is necessary to take measures to fundamentally eliminate the hidden dangers.
Fourth, take multiple security protection technology is a new way. above the bank's security information on the issue was discussed, and now from how fundamental guarantee for the bank's information security throughout the system, including the security of data and voice talk about some personal views. I personally believe that the encryption technology has now developed to a very high level, almost approaching a limit level. corresponding to decipher technology to a very high level, which is a contradiction. If you are still stuck in the single protection technology, is bound to be the final day, the risk of exposure to deadly, this is definitely not negate a correct understanding of digital encryption technology, but this the risk of a single technology. using multiple information security protection technology is a new way, it can be said is the only way. multi-protection technology is mainly two levels, one level is a variety of protective technology, then one level is the variety of Protection the integrated use. the so-called multi-protection technology is not just a single digital encryption technology, there are many protection technology, in theory, should be unlimited, can be developed and applied, the so-called integrated use of a system of re-protection technology integrated in the multi- together, the model can also be a series parallel mode, it can be mixed mode. When using parallel mode when a single model can be greatly enhanced security protection, when using the series model can be deciphered in the model after also the lack of effective information, but also need to decipher the next step. This can be a variety of protection technologies implemented in a device can also be implemented in multiple products. This multi-protection technology can achieve the following results. < br> 1, deciphering the unknown greatly improved, increasing the difficulty of deciphering, the diversity of the multiple layers of protection itself, and thus largely suppress the prophet, the absence of an established range, or even get some prophetic information, As in series so that thousands of times more difficult to decipher the increase.
2, increased the difficulty of deciphering the operability. simple computer technology can not decipher the multiple layers of protection techniques for decoding, since many of the hardware protection technology must have the support of , and decipher such protection must have the appropriate hardware support, which greatly increases the difficulty of deciphering the operability.
3, reducing the recognizability to decipher the results. As the integrated use of multiple protection technologies, including the original signal processing, even in deciphering some kind of security technology, is still obtained an unrecognized non-original signal, this has led to two possibilities, one is not able to decipher, and the second to continue to decipher. < br> In short, the multiple security is a new concept, it has security features can be taking a variety of techniques, is an infinite space for development of areas, which can make the cracker into the boundless sea Qulao needle, take multiple Protection of these technologies constitute the integrated use of multiple layers of protection, can more effectively ensure the security of the information here I would also like to particularly note the combination of hardware and software used to be implicit in the original signal processing is very important to security means. banking system from the fundamental guarantee for the security and confidentiality of information, the system needs to adopt new devices with multiple protective functions in order to ensure that the interests of users and banks themselves.
Moderator: Here are your expert Dusen another teacher.
Dusen: more than just the teacher system introduced on the encryption issue, I retired teacher from the military, for password encryption process is very understanding of the whole, I do work which does not come into contact with so many things, but one thing is that , I was doing technical work life of people, but technical problems sometimes need to be the last philosopher jurists need to support. just talking about the leak problem, we think that banking is a private network or a telecommunications network, a No heart will not want to approach people to steal your information, but if the person is serious or a person engaged in a professional look very simple. Just now I talked about our teachers with the DDN network or private network using IP network The network is a network of telecommunication networks, these networks have a basic feature, as Internet, the Internet must be agreements, which are all Dounong good, otherwise the joint will not work. just know that these agreements can go in the basic, such as which to attack an Internet server, understand this agreement, the agreement is open the ITU or the Internet must abide by provisions FORM everyone, and once that is easy to get. It should therefore pay special attention to the past, always talking about encryption things at the top floor above the encryption, and now is not enough. I had to do the work when the old to the problem, the network security encryption is divided into two parts, a high-level, network encryption are taken to the signal source, the agreement which, as now some open De IPSIDE and things, in addition to more important point is that you can not lose the signal once the signal is lost in the original case, not very advanced computer technology, then the case can be solution to decrypt them out, as long as the received signal that Solutions will be able to get it close, but it takes time for problems in computer technology is well developed now the case of solutions it can quickly out. this thing is not to say people who are engaged in communications did not notice, has noticed a problem , but did not put this thing out from the entire sub-category inside. in the street like a regular phone public phone If we all know that some machines will be able to call as long as it is to find ways to use the ISD from the bottom of things, as long as certain and it's unreasonable, and no way to work, the place to take some measures. relative to our speaking, I do not know the bank's private network is now what it used to, if you talked about when to use this thing more dangerous, such as using to EWON things, EWON things have a pin structure, some are public, and the back of my information in front of a needle, the needle must be public, I put this thing behind after the signals are received, I get the signal through their computers, and there are several encryption methods are universal as we all know, I can quickly operations could get the information. the whole network should have a security classification, on the one hand to high-level encryption, the original source inside the some encryption. In addition, since there may be loss of signal information, so the signal can also do some protection.
out of any technology is a technology start after the first appearance of technical support after the needs of law requires legal protection, the right operation. such as gun laws, then we can not do it bad. Now the continuous development of telecommunications technology, all the things in need of legal protection in more detail, more detailed guidance to make some rules. just talked about the issue bank cards, bank cards A brush your information through the magnetic method or way to read into the computer power, the transmission is gone, this process may have something encrypted, but this card may be copied. This card is not required by law, once the copy This card can be found, this is not impossible. transportation card may be copied now, we engage in power, then we have to know how to get the signal out to write in, it is very easy to do. this thing is to find ways to legally provides that if the event has a special mark, this is not difficult, you need the law to support. new technology to better run time if it needs legal support and guidance.
I talk so much, thank you.
Lee Development: I added the contents of the two professors say, I am done with the technical aspects of the two experts specialized dialogue. In fact, our private network is not a safety net, many people think of the private network is a separate banking system run their own network, is not. national information highway is the land, such as the original China Netcom, China Telecom to manage, each unit can only buy a certain bandwidth in the above, but the bandwidth is beating at any time, only give you a certain width, not to say that the net is only your only channel. So far, the information security community as I have said with the Ministry of Public Security Bureau specifically related to information security related people understand, now all of the information security is the computer information security, information security is in the office.
Second, Mr Du told the teacher, your information to enter the entire transmission network, the ITU's standards must be safe for transmission, when transmitted in accordance with the provisions of , take either a standard device can receive down, the standard equipment can be said that everywhere you can buy the whole society's.
Third, in our private network, but in fact more than hundreds of thousands of nodes, routers, including Our machines are very limited communication distance cap, and a short distance to have nodes, and some pipes laid in the ground, over a period of time will come, above a switching station, into the output of a process, you We can not ask China Telecom or China Netcom, the outside nodes are members of password security, contacts may come from internal and external people may come. In fact there are still many nodes have a lot of insecurity.
s Fourth, the information transmission system, in fact, so far the transfer of information in the ITU standard transmission on the basis of a transparent, you can add some things, but in order to comply with the ITU standards get in line with the standards into people will be able to go to receive it in the above.
Fifth, although we have encryption, but the interpretation of cryptography and code-breaking more easily from the perspective of modern society, there must be all professional and technical professionals The are likely to decipher, multiple repeated technology, simply relying on the password encryption is now already have a lot of insecurity, we do not know after brushing card information I access the above does not matter now, but may access the above information may be transferred out .
Professor Yu is Datang bank card information security software company overall responsibility for research and development, and his statement is very authoritative. I'll add this point.
Moderator: DU teachers have repeatedly referred to the development of a technology up to a certain extent to the philosophical and legal issues, we recognize that people who engage in law know that the law of social life, indeed, when faced with a certain lag, the good news is now on the Internet, including network problems, our country is revising the br> Song Hong are: my remarks today represent individuals, does not mean that the People's Bank. Today after listening to the speech was very enlightening two professors, I thought we were in 1977 when the Minister of Public Security, said the public security organs technical cadres to advance into the fast lane, trying to scramble in front of them to control the future of the white-collar crime, which flashed more than 30 years, indicating that time, it does have the predictable. Now we find that the problem can be said that ten years ago we have been resolved, and why? mainly some problems now, before the arrival of the computer age there is no good to learn some leadership resulted in the administrative bureaucracy is general, but is technically a slave, so there are these problems. < br> Over the past is concerned, in accordance with the terms of the inertia of thinking, Riding on a donkey's age is not an accident, but now have have a car accident, is not have this problem? time Riding on a donkey when there is no traffic police, traffic police are now, Traffic Police Corps is not enough, our forward-looking enough. the information highway, we see that the highway, the most difficult to manage, we import more and more difficult to find that the highway, export more and more difficult to find, the main problem is no exit, no imports, and sometimes did not come, sometimes gone through. what? is a management problem. credit card management point of that? or people. mainly cash withdrawal and transfer of funds in two point, and personal information and the natural setting combining biological information.
number of password problems just mentioned, Professor, Biological password fingerprint over a decade ago, now face patterns, fingerprints and face identification patterns with the This is no problem, solved 15 years ago. But we did not understand leadership, we returned to the U.S. to sell technology, this is a fact. line public issues, I am to correct that our network is secure, Our network is two, three, and now more satellite networks, terrestrial networks, encrypted network data mixed together before the three can. people that fear does not exist. Another point, our criminal investigation department of the public security organs poor standard, high-IQ criminals can not keep up, handling low, and put this issue emerged, and it not the same as with the past. In the past the university to graduate the team's most advanced technology to put a clean sweep, and then what may be guilty of sin To move forward, and now there is no such situation. and there are many problems handling fee is not, departments and regions management. our country shattered, regulatory power, administrative law-enforcement power is fragmented and no one integrate it. technology integration is also a problem, We therefore legal means in the management tools, administrative measures, economic instruments, technical means, technical means often that no one understands, no one tube. This morning the son of one of my classmates told me that Song Shushu, I came second in the Beijing University of Posts , Paul read do not read? I too do not want to read the graduate students, and why? bitter. I want to read the economy, it is easy to graduate. Conversely, many of our bureaucrats do not understand technology, science and engineering to do two days of school The question is equivalent to do the economy in a very superficial to make a paper. But these people know no one read it, is very popular abroad. I am a graduate of Xi'an Jiaotong University, our students go out no problem, go out to find work. School Finance The learned anything in the end? now in the end how many people can accept them? an entrepreneurial culture in the third grade level, the billionaire and master words, lines, not the last to find a sensible discussion to discuss the other are not. We leaders have become such people, and doing a lot of officers, to specifically address the specific issues to discuss when all is to find someone else, so we are technocrats become the slaves of foreign big business technology, the problem lies in the here. change the situation from the start from the technical department of the school start, talked about the right level from the philosophical level, from a technical right to do such a level of management chain, in order to solve this problem.
entry and exit mechanisms, Since the good things you want to access and sell Mercedes Benz cars, OK? the insurance not insurance? but Diane still killed, more than three million Mercedes-Benz 600 cars, and killed the British royal Princess. oxcart Can you killed people? but not on the carts selling price, do not allow the road. These are two extremes. credit card entry, commercial banks can engage in an insurance mechanism to assist in the development of credit card security issues, which is the first point.
second, to provide some money, handling funds for the victims to recover damages. the specific problem or invited experts to comment further.
I'll stop here.
Moderator: Thank you Song Hong are teachers, the teacher said Song leaders do not understand technology now that, I think this has already been in ancient China, a late Qing Dynasty and intraoperative evaluation with the school there is a special wonderful words, there is a school without surgery Kang Zhang There is a hole of school operation, not learn a technique Yuan, Chen Zhengxuan is ignorant and incompetent, professional, and how to use trickery and, finally, not to learn a technique of Yuan an official win, China has always been like this, now how to change increase and from a legal perspective, I think is not only a legal issue but a problem of China's historical tradition.
Song Hong all: doing nothing is indeed the superior road, we just do not want to do job to get a little more, if Everyone may hope that when God, let someone else win the victory as their own, this is Russell's original words. we tend to manage the area in which technology inside the economic benefits since it is not very obvious, but the particular focus, many people have been foreign large companies down, and it is not very obvious. to study abroad in this study that, needless to say what everyone knows. China's technology had been killed a lot, or more intelligent students to Chinese technology sold to a foreign language after translation abroad and then come back down, called the line with China's soil and water technologies. This is not something new, too much in school, especially in the design of engineering colleges, including many famous foreign companies are nominal, professors and graduate students of Chinese dry do out job.
Moderator: sincerely hope that the state school have some more talent out of surgery, following legal advice centers have please, please, deputy director of legal advice, speak prominent lawyer Dr. Ren Yishan.
Renyi Shan: Bank Card today to make a financial safety seminars, in particular the safety of bank cards are closely linked with you today, an entry point by the majority of a case to discuss I think this is necessary, but makes sense.
we get to the case then I looked at, but also simple to do a little research, but also looked at the now existing laws and regulations and relevant case there are some scholars point of view, I simply do something from a brief analysis of four , and I also see the legal profession to the people today that there are many well-known scholars as well-known lawyer lawyers, as well as two of the NPC's school brother. I am the first to speak only initiate, but his personal opinion. < br> I talk about the nature of the case, judgments did not see, simply, the case or from contractual legal relationship or a savings in terms of the legal relationship between the depositors put money into savings institutions, savings institutions to pay according to the request of the depositor interest on the principal contract, according to obligation is, what each should bear the obligation to come back from the obligations of legal responsibility. ICBC Money Link statutes and related laws and regulations, including some department rules, to analyze the case from both the banks and cardholders should take their own What kind of obligations, the specific regulations 13, Notice of regulations under Article VI, individuals to take deposits, deposit if more than fifty thousand yuan or more agencies should review your ID card, savings institutions and should be reported to the person in charge of audit to be made. Article 7 of the one-time cash fifty thousand yuan or more or a total of more than fifty thousand yuan or more branches of the audit should also record the paper and so on. the People's Bank approved the loan services of personal access to a detailed description of which, the audit extraction fifty thousand yuan or more, save counter required withdrawal must provide valid identification documents, and be paid upon approval. review the content of that identity documents provided by withdrawal names are on the books and CDs are the same name, this name does not say is that number, look at depositor's name on the check certificate of deposit is consistent, this is must be audited, there are rules and regulations of the People's Bank. Peony Money Link Card Constitution Article IV also provides for the application Peony Money Link Card must set the password, and any transactions conducted using the password as card-issuing banks for the cardholder by me, Peony Money Link Card Cardholder must be well kept and password.
laws and regulations from which the articles of association can be judged, banks and cardholders should undertake obligations, respectively, the bank should take to achieve sufficient security to the cardholder transactions system and in the event of withdrawals to make careful examination obligations. cardholder should try to take good care of the obligations of bank cards and passwords ....