If a credit card is lent to another person and the other person fails to repay it, the credit card holder shall bear the legal responsibility. If there is evidence to prove that it was the other party's consumption, he can sue the other party to repay it. If there is no evidence, you can only bear the repayment responsibility yourself and refuse to repay. If the amount is large, it is suspected of credit card fraud.

Provisions on the Crime of Credit Card Fraud in China's Criminal Law

Article 196

Credit card fraud and theft are committed under any of the following circumstances, and if the amount is relatively large, they shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan;

if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

(3) fraudulent use of another person's credit card;

(4) malicious overdraft.

the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of article 264 of this law.

Extended information:

Cases of malicious consumption by lending credit cards to others:

With the development of economy and society, credit card consumption has brought convenience to people and easily caused some disputes. I lent my credit card to a friend in good faith, but it led to an unjust economic dispute, which led me to "pay the bill" for it.

Recently, the People's Court of Dali City, Yunnan Province applied summary procedure to hear a credit card economic dispute case, and sentenced the defendant to return the plaintiff's economic loss of 5, yuan for unjust enrichment.

yang moumou didn't expect that lending his bank credit card to a friend in good faith would lead to an economic dispute. Zhao is a friend of Yang Moumou. After Yang Moumou borrowed his credit card, Zhao spent 5, yuan with the card.

when the credit card repayment was due, Zhao was unable to repay, so he asked his friend Li to help him find someone to repay, and gave the credit card to Li. Li found a couple in China to negotiate and asked them to help repay 5, yuan for the credit card first. After the repayment, a couple in China can use the credit card to withdraw the money.

On May 22, 215, a couple of Hua paid 5, yuan into Yang's credit card through mobile banking transfer. Yang reported the loss of the credit card on the day when he received the SMS, which caused a couple in China to be unable to use the card on the POS machine the next day.

After trial, the court held that the defendant Yang owed money after lending his credit card to others, which caused the plaintiff Hua and his wife to deposit 5, RMB into Yang's credit card and could not return it, which was unjust enrichment. Defendant Yang Moumou obtained an improper benefit of 5, yuan, causing losses to the plaintiff, and should return the obtained improper benefit to the plaintiff who suffered losses.

The judge reminded that if improper benefits are obtained without legal basis, causing losses to others, the improper benefits obtained should be returned to the person who suffered losses. Bank cards and credit cards involve personal direct economic interests, so they should be properly kept and should not be easily lent to others.

References: Xishuangbanna Public Security Bureau Window-People's Republic of China * * * and China's Criminal Law

References: People's Daily Online-Credit Card Borrowing Others' Overdraft for Unjust Profit Disputes "Pay the Bill"