Banks should be partly responsible for the theft of credit cards. There is a contractual relationship between the bank and the cardholder, and the bank is obliged to provide the necessary safe and confidential trading environment to protect the cardholder's property. Banks fail to fulfill their security obligations, which constitutes a breach of contract and should bear the corresponding liability for breach of contract. If the bank card is stolen, the bank is likely to bear joint and several liability. For example, debit cards and transaction systems issued by banks have defects in anti-counterfeiting technology and should be liable for compensation within the scope of their faults. Because the cardholder has applied for a debit card in the bank, a savings deposit contract relationship has been formed between the two parties. At this time, commercial banks should protect the legitimate rights and interests of depositors from any unit or individual.
legal ground
Article 577 of the Civil Code of People's Republic of China (PRC). If one party fails to perform its contractual obligations or fails to meet the contract obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 6 of People's Republic of China (PRC) Commercial Bank Law stipulates that commercial banks should protect the legitimate rights and interests of depositors from any unit or individual.
Responsibility for the theft of credit cards?
Under the current legal framework, the responsibilities of all parties are as follows: 1. If the thief-the first responsible person-has a tort liability relationship with the cardholder, he shall be liable 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 "crime" 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 can't find it, so they can't bear the responsibility of refund. 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. Because civil subjects are likely to encounter this situation in their daily lives, China has 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.
What are the responsibilities for stealing credit cards?
After the cardholder's credit card is stolen by others, the responsible person is not only the cardholder and the embezzler, but also the credit card bank, and the cardholder can claim compensation from them according to the responsibility assumed by the bank. The contractual relationship between the issuing bank and the cardholder. Through the analysis of some public trial cases, it is generally believed that the bank has a contractual relationship with the cardholder, and the bank has the obligation to provide the necessary safe and confidential trading environment to protect the cardholder's property. Banks fail to fulfill their security obligations, which constitutes a breach of contract and should bear the corresponding liability for breach of contract.
So much for the introduction of the bank's responsibility for stealing credit cards.