Abstract:  With regard to unauthorized payment, judges usually adopt fault liability following the contractual relationship and cardholders bear the burden of proof This juridical practice is not conducive to consumer protection or to improve the technology of the payment institutions to ensure payment security Through referring to the domestic and foreign research and making the empirical case analysis, it is concluded that unauthorized payment liability should be strict liability, and the liability should be allocated to the party who can disperse the loss and take preventive measures at the lowest cost, and the liability should be achieved at the lowest cost In application of E-commerce Law, it is better to seek unity of consumer protection and make payment agencies bear the burden of proof Payment agencies can be exempted from liability according to the consumers' types of fault

Key words: unauthorized payment, strict liability, proof, fault