An Empirical Study On The Distribution Of The Loss Of The Stolen Credit Card(2013-2020)

The disputes about the theft of credit card fake card occur frequently,so the loss of stolen card is difficult to find.With the increasing role of credit card in the daily consumption of the public,its security risks are frequent,among which the phenomenon of false card theft is the most common.According to the blue book on the development of China credit card industry(2018),issued by the banking card professional committee of China Banking Association,the fraud loss of fake card is the highest fraud type.The false card theft of credit card is a kind of unauthorized transaction of credit card.It refers to the transaction that the third party obtains information without the authorization of the cardholder and forges the use of credit card,which leads to the decrease of funds in the bank account of the cardholder.In the case of credit card theft,it is difficult for police to find the unauthorized third party in the case of credit card theft,and it is difficult to find the loss of the stolen credit card.How to allocate the loss that can not be recovered after the theft of the credit card between the cardholder and the issuer becomes the first problem to be solved.How to distribute the loss of counterfeit card between cardholders and card issuing banks is not only not clearly stipulated in legislation,but also not unified in academic circles.China’s legislation on bank card theft disputes lacks clear provisions on the responsibility of cardholders and issuers.There are some problems,such as lack of legal provisions,abstract content and low legal rank.There is no unified conclusion in the academic discussion.Scholars have their own views and are unable to convince each other.The existing research generally adopts the method of normative research or comparative research to analyze how cardholders and issuers should share the losses.However,few empirical methods are used to study the actual Adjudication Rules of Chinese courts.In China’s judicial practice,how to allocate the loss of counterfeit card which can not be recovered between cardholders and card issuing banks? This is the problem to be explored in this paper.To explore this problem,the theoretical level is helpful to enrich the research on the distribution system of credit card fraud losses,make up for the lack of empirical research;the practical level is helpful to provide experience support for the unified judicial rules.This paper is divided into the following five parts:The first part is the introduction.First of all,this paper puts forward the question: how can the cardholder and the issuing bank allocate the loss of counterfeit card which can not be recovered? Then,the background and value of the research are explained,and the existing research on the loss allocation of credit card fraud is summarized.Then,the research design of this paper is introduced,including the research object,research method,data source and research content.The second part summarizes the legislation regulations of the fraud of credit card by combing the legislative evolution of our country,and makes an overview of the judicial judgment status of the judgment of the disputes of the theft of credit card in China through empirical research.The third part mainly uses the empirical research method,through the empirical research to investigate the current situation of the judicial judgment of China’s credit card fraud disputes.This paper divides the false credit card swipe into overdraft swipe,deposit swipe and mixed swipe,and investigates the legal relationship between the card issuing bank and the cardholder,the obligation violation of both parties and the principle of imputation.The fourth part mainly summarizes the judicial principles of credit card fraud in China based on the results of judicial practice.On the basis of this judicial principle,this paper examines the existing theoretical research in China’s academic circles to test which viewpoint is more suitable for the judicial reality of Chinese society.The fifth part mainly combines the judicial practice of China’s credit card fraud disputes,and provides legislative suggestions and path selection for the responsibility allocation of cardholders and issuers in China’s unified credit card fraud.