银行卡安全体系的法律保障研究——基于银行卡盗刷案件的视角

Research On Legal Protection of Bankcard Safety System:From the Perspective of Cases of Clone Bankcards

近年来,随着银行卡的普及,公众在享有便利的同时也引发了银行卡盗刷案件的滋生。对此问题,法院多按商业银行、持卡人过错比例担责。基于商业银行怠于行使其社会责任为主因,持卡人防范意识薄弱为次因的视角考量,应侧重持卡人利益优先,优先落实银行的安全保障义务。可将法律法规分层结构与安全技术分层结构对应结合,构建层次化的银行卡安全体系,将售卖银行卡复制设备定性为"传授犯罪方法罪",制定合理的事后责任分担与举证责任分配制度,商业银行应积极践行社会责任,推进金融IC卡换卡速度,推广"银行卡盗刷险"。

Recently the popularity of bankcards produces not only convenience for people but also more cases of clone bankcards. To solve the problem,courts are liable to ask banks and cardholders burden responsibility according to their respective wrongs. Since commercial banks are inactive in exercising social responsibility and cardholders are not well aware of self-protection,we should give priority to cardholders＇ interest and implementing banks＇ responsibility of safety protection.We can combine layered structure of law and regulation and that of safety technology to construct layered bankcard safety system. Meanwhile,the act of selling clone equipment of bankcards can be determined as crime of imparting criminal methods;reasonable responsibility-sharing system and allotment system of burden of proof should be made.Therefore, commercial banks should better implement their social responsibility, quicken the IC card changing and popularize insurance of clone bankcards.