浅析银行卡欺诈交易案件中的民事法律责任

A Brief Analysis on Civil Legal Liability in the Cases of Bank Card Fraud Trading

伴随银行卡业务范围的不断扩展,银行卡欺诈案件也越来越多。这不仅使持卡人的利益受到损害,同时也使得银行卡业务的法律风险不断增加,银行卡欺诈涉及民事与刑事两种法律关系,且二者相互衔接和补充,共同构成了我国保护银行卡交易的法律体系。本文主要以银行卡欺诈,特别是银行卡冒用的民事法律责任为主要研究对象,并探讨其与刑事责任的衔接问题。

Along with the gradual expanding of the scope of bank card business, the cases of bank card fraud have increased, which not only does great harm to the bank card holders, but also increases the legal risks of bank card business. Bank card fraud in- volved civil and criminal legal relations. These two legal relations are linked together and complementary, and form a legal system which protects bank card trading. The paper sets bank card fraud especially civil legal liability in the case of bank card fraudulent use as the study object, and discusses the link with the criminal legal liability.