Responsibility for stolen credit cards?
Under the current legal framework, the responsibilities of all parties are as follows: 1. The embezzler-the first responsible person-has a tort liability relationship with the cardholder, and should be responsible for returning the property in accordance with the provisions of the Property Law and the Tort Liability Law. If it exceeds a certain amount, it should also bear the criminal responsibility of "theft" in accordance with the provisions of the Criminal Law (Beijing theft) However, the detection rate of this small-scale economic crime is low, and the thief often cannot find out, so he can't bear the responsibility of returning the money. Therefore, credit card theft eventually becomes the responsibility of the cardholder, the bank and the credit card merchant. 2. Issuing bank-The scope of responsibility that the responsible person who fails to report the loss in time should bear is stipulated in the Service Agreement signed by both parties when handling the card. The stipulations of each bank are different. * * * The same point is that the bank is only responsible for the losses caused to the cardholder who fails to report the loss in time, and it is not responsible. Recently, in order to attract business, some banks have launched a card loss protection service, in which the stolen credit card within 48 hours (or 24 hours) is liable within the limit (5, yuan or 1, yuan), and strict conditions are stipulated (such as non-password withdrawal and loss reporting at the first time). The responsibility assumed by the issuing bank shall be paid by the contracted insurance company. 3. Card-swiping merchants-the responsible person who fails to fulfill the reasonable audit obligation. For credit cards that are withdrawn only by password, the card-swiping merchants have the obligation to check the password; For a credit card withdrawn by signature, the credit card merchant has the obligation to check whether the signature of the cardholder is consistent with the reserved signature. Credit card merchants only assume corresponding responsibilities when 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 shall bear the responsibility equivalent to the fault of not properly keeping the credit card. Once the credit card is stolen, most of the responsibility may lie with the cardholder. Due to the fact that civil subjects are likely to encounter shortage of funds in their daily lives, China has introduced the Paris system of credit cards. As long as the credit of civil subjects is good enough, they can apply for credit cards through banks and other institutions, and after borrowing, they need to repay them within a limited period of time, otherwise it may constitute overdue.