信用卡被冒用后风险承担法律问题探析

Analysis on Legal Issues of Risk Taking after Credit Card is Used Fraudulently

近些年来,随着信用卡冒用现象及其风险的逐渐显现,与其相关的法律纠纷也越来越多,特别是信用卡被冒用之后的责任承担问题,是司法实践领域的难题所在。现有的信用卡相关法规更倾向于持卡人承担因信用卡被冒用后产生的风险,这样的规定不仅违背了公平合理原则,而且还会抑制信用卡的良性发展。从损失的分配上看,由发卡银行承担损失并由其将损失通过各种渠道分散给保险公司、信用卡持卡人是很好的制度选择;从减少损失发生能力上看,发卡银行有足够的能力控制损失的进一步发生;从预防损失发生的成本来看,发卡银行为保持信用卡业的经营利润会采取各种措施来控制支出的每一笔成本。

In recent years, w-ith the gradual appearance of credit card being used fraudulently and its risks, there are more and more legal disputes related to it, especially the problem of liability after credit card misap- propriation, which is a difficult problem in the field of judicial practice. The existing credit card laws and reg- ulations are more inclined to make the eardholder bear the risk caused by the misuse of the credit card, which not only violates the principle of fairness and rationality, but also inhibits the benign development of the credit card. In terms of the distribution of losses, it is a good choice for the issuing bank to bear the losses and dis- tribute the losses to insurance companies and credit card holders through various channels.In terms of the a- bility to reduce losses, the issuing bank has sufficient capacity to control further losses.In terms of the cost of preventing losses, issuing banks w-ill take various measures to control every cost of expenditure in order to maintain the operating profit of the credit card industry.