取款机吐假币取证问题研究

On Evidence Taking about False Money from ATM

近年来随着持银行卡人数的不断增加,自动柜员机也越来越普及,人们在享受便捷金融服务的同时,也时常会遇到取款时取款机吐假币的现象,由于取证困难,绝大多数人都得不到银行补偿,不仅损害了客户利益,也降低了银行的信誉。举证责任倒置和经验法则对解决问题提供了途径。

In recent years,the number of bank card holders is on the rise,and so is that of ATMs.When people are enjoying convenient financial services,they occasionally encounter the problem that some money they withdraw from ATMs is counterfeit money.Due to the difficulty of getting evidence,most of them can not be reimbursed by the bank.While ATM users suffer financial loss,bank losses its credit.This article proposes that the problem be dealt with by applying empirical rules and the inversion of burden of proof.