| In recent years,there have been frequent cases of bank card fraud,especially the use of network technology to create counterfeit cards or the theft of cardholders’ account information to carry out fraud.Such cases are often difficult to solve,and the loss of the cardholder is difficult to recover from the fraudster.At this time,the bank,as a trading platform,therefore needs to bear certain responsibilities.At the same time,there is still some controversy over the determination of banks’ security obligations,and it is common to have different judgments in the same case,resulting in insufficient protection for cardholders.Based on this,this paper takes Guiding Case No.169 issued by the Supreme People’s Court,namely Xu Xin v.China Merchants Bank Co.,Ltd.Shanghai Yanxi Branch Bank Card Dispute Case,as the starting point,and systematically analyzes the scope and specific content of banks’ security obligations in order to solve the above problems.Through the search of bank card disputes,this paper summarizes and analyzes the judgments of similar cases,and summarizes the three main problems in such cases: confusion in trial standards due to inconsistent application of law,unclear concept and content of bank security obligations,and inability to fully protect cardholders’ rights and interests.In order to solve the above problems,firstly,after studying domestic and foreign literature,this paper argues that the security obligation of banks in bank card fraud disputes is based on the statutory obligations expressly stipulated by law.Secondly,on the basis of clarifying the nature of security obligations,the content of obligations mainly includes four aspects: maintaining the security of the banking transaction system,ensuring the security of user information,preventing further expansion of losses,and timely and actively cooperating with investigations.Thirdly,the analysis of specific bank card dispute cases in conjunction with the Bank Card Regulations further helps banks clarify the scope of their security obligations,which is also of great significance for safeguarding the interests of cardholders.Finally,starting from practice,we will sort out similar cases of bank card fraud,standardize the security obligations of banks from the perspectives of banks and the state,and put forward suggestions that banks should break down information barriers between departments,optimize information identification systems,and establish special early warning information departments.From the level of national norms,it is proposed to clarify the types of detailed information that banks should collect and keep,and improve the requirements for banks to recover from third parties to protect the rights and interests of banks. |
