近年来随着不法分子盗取用户银行卡内信息从而复制银行卡进而盗取用户卡内资金的现象的出现,银行卡欺诈所引发的民事纠纷案件相继高发。然而,在此类案件的审理过程中,由于储蓄性质的认识不同,银行与储户举证责任的分配很大程度上取决于法官的主观因素。因此,有必要在举证责任的法律适用问题上统一观点,避免因适用原则的不同而导致“一案两判”的不良后果。 In recent years, as criminal lawyers steal bank card information in order to copy the bank card and thus steal the funds within the user card phenomenon, bank card fraud caused by one after another cases of civil disputes. However, during the trial of such cases, due to the different understanding of the nature of savings, the distribution of the burden of proof by banks and savers depends largely on the subjective factors of judges. Therefore, it is necessary to unify the viewpoints on the application of the law of the burden of proof and avoid the adverse consequences of “one case and two judgments ” due to the different applicable principles.