当前,银行卡已成为人们经济生活中不可缺少的支付工具,随着银行卡业务的发展,不法分子通过窃取等非法手段获取持卡人信息及密码,利用专业设备伪造银行卡盗取持卡人账户资金,即伪卡欺诈类民事纠纷也逐年增多,但因为相关法律规定过于原则和缺少相应的司法解释,各地法院对伪卡欺诈案件中归责原则、举证责任等的法律适用标准不一致,导致同类性质案件的审判结果差异较大,影响了司法的公正性和统一性。 At present, bankcards have become an indispensable payment tool in people’s economic life. With the development of bankcards, criminals obtain information and passwords of cardholders through illegal means such as theft and use specialized equipment to forge bankcards and steal cardholders However, because of the excessive principle and the lack of judicial interpretation in the relevant laws and regulations, the application of the law of different jurisdictions such as the principle of imputation and the burden of proof in the cases of counterfeit card fraud is inconsistent in the courts leading to Judgments of similar nature have different results, affecting the fairness and unity of the judiciary.