译语翻译分享-最高法：银行卡被盗刷可向银行索赔损失

最高法：银行卡被盗刷可向银行索赔损失

Supreme law: if a bank card is stolen, you can claim losses from the bank

5月25日，封面新闻记者从最高人民法院获悉，最高法发布了《最高人民法院关于审理银行卡民事纠纷案件若干问题的规定》（以下简称《银行卡规定》），其中明确发生伪卡盗刷交易或者网络盗刷交易，借记卡持卡人基于借记卡合同法律关系请求发卡行支付被盗刷存款本息并赔偿损失的，人民法院依法予以支持。

On May 25, the cover news reporter learned from the Supreme People’s Court that the Supreme People’s Court issued the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Bank Card Civil Dispute Cases (hereinafter referred to as the “Bank Card Provisions”), which clearly stated that counterfeit card theft occurred. For transactions or online fraudulent transactions, where the debit card holder requests the issuing bank to pay the principal and interest of the stolen deposits and compensate for the losses based on the legal relationship of the debit card contract, the people's court shall support it in accordance with the law.

《银行卡规定》指出，发生伪卡盗刷交易或者网络盗刷交易，信用卡持卡人基于信用卡合同法律关系请求发卡行返还扣划的透支款本息、违约金并赔偿损失的，人民法院依法予以支持；发卡行请求信用卡持卡人偿还透支款本息、违约金等的，人民法院不予支持。

The "Bank Card Regulations" pointed out that in the event of a counterfeit card fraudulent transaction or online fraudulent transaction, the credit card holder requests the issuing bank to return the principal and interest of the deducted overdraft, liquidated damages and compensation for losses based on the legal relationship of the credit card contract, the people's court shall grant it according to law Support; if the card issuing bank requests the credit card holder to repay the principal and interest of the overdraft, liquidated damages, etc., the people's court will not support it.

持卡人对银行卡、密码、验证码等身份识别信息、交易验证信息未尽妥善保管义务具有过错，发卡行主张持卡人承担相应责任的，人民法院应予支持。

The cardholder is at fault for failing to properly keep the identity information such as bank cards, passwords, verification codes, and transaction verification information, and the card issuing bank claims that the cardholder shall bear the corresponding responsibility, the people's court shall support it.

《银行卡规定》还明确，持卡人未及时采取挂失等措施防止损失扩大，发卡行主张持卡人自行承担扩大损失责任的，人民法院应予支持。

The "Bank Card Regulations" also clarified that if the cardholder fails to take measures such as reporting the loss in a timely manner to prevent the loss from expanding, and the card issuing bank claims that the cardholder shall bear the responsibility for the expanded loss, the people's court shall support it.

在收单行与发卡行不是同一银行的情形下，因收单行未尽保障持卡人用卡安全义务或者因特约商户未尽审核持卡人签名真伪、银行卡真伪等审核义务导致发生伪卡盗刷交易，持卡人请求收单行或者特约商户承担赔偿责任的，人民法院应予支持，但持卡人对伪卡盗刷交易具有过错，可以减轻或者免除收单行或者特约商户相应责任。

In the case that the acquiring bank and the card issuing bank are not the same bank, fraud occurs because the acquiring bank has not fulfilled its obligation to protect the cardholder’s card safety or the authorized merchant has failed to verify the authenticity of the cardholder’s signature, the authenticity of the bank card, etc. For card stolen transactions, if the cardholder requests the acquiring bank or the special merchant to bear the compensation liability, the people's court shall support it, but the cardholder is at fault for the counterfeit card transaction and can reduce or exempt the acquirer or the special merchant from corresponding liability.

持卡人请求发卡行承担责任，发卡行申请追加收单行或者特约商户作为第三人参加诉讼的，人民法院可以准许。发卡行承担责任后，可以依法主张存在过错的收单行或者特约商户承担相应责任。

Where the cardholder requests the card issuing bank to assume responsibility, and the card issuing bank applies for additional acquiring banks or special merchants to participate in the litigation as a third party, the people's court may allow it. After the card issuing bank assumes the responsibility, the acquirer or special contract merchant that claims the fault shall bear the corresponding responsibility in accordance with the law.

《银行卡规定》强调，发卡行或者非银行支付机构向持卡人提供的宣传资料载明其承担网络盗刷先行赔付责任，该允诺具体明确，应认定为合同的内容。持卡人据此请求发卡行或者非银行支付机构承担先行赔付责任的，人民法院应予支持。

The "Bank Card Regulations" emphasized that the promotional materials provided by the issuing bank or non-bank payment institution to the cardholder stated that it shall assume the responsibility for the advance payment of online fraudulent payments. The promise is specific and clear, and should be identified as the content of the contract. Where the cardholder requests the issuing bank or non-bank payment institution to assume the responsibility for advance payment, the people's court shall support it.

因非银行支付机构相关网络支付业务系统、设施和技术不符合安全要求导致网络盗刷，持卡人请求判令该机构承担先行赔付责任的，人民法院应予支持。

If a non-bank payment institution's relevant online payment business systems, facilities, and technologies do not meet the security requirements and lead to online fraudulent use, the people's court should support the cardholder's request to order the institution to assume the liability for advance compensation.

 

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