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How to divide the responsibility for the theft of credit cards?
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, and he shall be liable for returning the property in accordance with the provisions of the Civil Code and the Civil Code. 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 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 convenience of credit cards, many citizens will have their own credit cards, but some criminals will use the particularity of credit cards to steal or gain illegitimate interests. Then when citizens find that the other party has stolen credit cards, they also need to collect relevant evidence and materials, and then report the case to the local public security organ in time.