Research On The Loss Of Forged Bank Card

With the increasing popularity of bank cards, criminals forged bank card to steal money, cardholders card cases increases highly, which seriously affected the financial security of the cardholder and the bank. Because of China’s existing laws and regulations and judicial interpretations have no specific provision, it not only brings to the courts handle such cases quite difficult, also affects the unity of the judicial referee scale. This article is divided into four parts for discussing pseudo fraudulent bank card loss. The first part through the introduction of the two similar cases, which pointed out China’s banking card lag legislation resulted in judicial practice have occurred codefendant different sentence phenomenon. The second part identifies the bank card concept, characteristics and types to discuss the legal relationship between the debit cardholders credit、cardholders and issuers. The third part presents it should be determined on the basis of the principles of fault liability and the cardholder’s bank for fairness under special circumstances, also discussed the cardholder and the bank should bear the burden of proof content. The last part above analysis of the relationship under the law, responsibility principle and proof content proposed bank and cardholder should bear civil liability according to their respective fault, merchants no responsibility, pseudo-bank card men have not only fraudulent but also criminal liability.