Civil Liability Analysis In The Transaction Disputes Of Cloned Bank Card

With the rapid development of the bank card business, the transaction disputes of cloned bank card are also increasing. But due to a lack of concrete laws and regulations, different judges have various decisions on legal matters in judicial practice. In this context, this article try to reflect the present judicial situations clearly by analyzing 50 written judgments from different areas to provide some valuable solutions and reference for judges and readers.This article is divided into four parts. The first part mainly describes the judicial decisions in the transaction disputes of cloned bank cards in recent years and summarizes the major legal dispute points in the trial. The second part focus on the principle of criminal procedure prior to civil procedure, the conclusion is that this principle is not applicable in such cloned card transaction disputes. The third part mainly discussing the burden of proof between issuing bank and cardholder. The fourth part is the main boby portion of this article, it focus on the legal responsibility between issuing bank and cardholder, and gives a detailed analysis of the reasons why they should undertake such responsibilities.