Under the current legal framework, the responsibilities of all parties are as follows: 1. There is a tort liability relationship between the thief-the first responsible person-and the cardholder. According to the provisions of the Property Law and the Tort Liability Law, the thief should be responsible for returning the property. If it exceeds a certain amount, it should also be investigated for criminal responsibility for "theft" in accordance with the provisions of the Criminal Law (Beijing). However, the detection rate of this small-scale economic crime is low, and thieves often cannot find it, so they cannot bear the responsibility of refunding money. Therefore, the theft of credit cards eventually becomes the responsibility of cardholders, banks and credit card merchants. 2. Card-issuing bank-the scope of responsibility that the card-issuing bank should undertake is stipulated in the service agreement signed by both parties when handling the card. Every bank's agreement is different. The common point is that the bank is only responsible for the losses caused by the failure to report the loss in time, and does not assume responsibility. Recently, in order to attract business, some banks have launched a card loss protection service, in which the stolen card is liable within the limit (5000 yuan or 10000 yuan) within 48 hours (or within 24 hours), and strict conditions (such as non-password withdrawal and loss reporting at the first time) are stipulated. The responsibility assumed by the issuing bank shall be paid by the contracted insurance company. 3. Credit card merchants-those responsible for failing to fulfill their reasonable audit obligations. For credit cards that only withdraw money by password, the credit card merchants have the obligation to check the password; For credit cards with signature withdrawal, credit card merchants are obliged to check whether the cardholder's signature is consistent with the reserved signature. Credit card merchants only assume corresponding responsibilities if they fail to fulfill the above obligations. 4. Cardholder-the person responsible for failing to properly keep the obligation According to the agreement signed between the cardholder and the bank, the cardholder shall properly keep the credit card. Once the card information is lost or stolen, the cardholder should bear the fault liability equivalent to not keeping the credit card properly. Once a credit card is stolen, most of the responsibility may lie with the cardholder. Due to the shortage of funds in daily life, China introduced the Paris system of credit cards. As long as the credit is good enough, civil subjects can apply for credit cards through banks and other institutions, and they need to repay within a time limit after borrowing, otherwise it may constitute overdue.
Legal objectivity:
Article 264 of the Criminal Law of People's Republic of China (PRC): Whoever steals public or private property in a relatively large amount, or repeatedly steals, burglary, armed theft or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Legal basis: Article 264 of the Criminal Law, whoever steals public or private property in a large amount, or repeatedly steals, commits armed burglary or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.