近年來,隨著銀行卡業務的迅速發展,圍繞銀行自動櫃員機出現的不法分子「克隆」銀行卡竊取儲戶資金的案件頻頻發生。不法分子多通過在銀行的自動取款機上加裝盜竊裝置,竊取儲戶的銀行卡卡號及密碼並偽造卡片,通過取現、轉賬或消費等行為竊取卡內資金。由於在實務中被「克隆」的銀行卡主要是借記卡,因此本文試圖就借記卡被克隆情形下,相關各方的法律責任做一具體分析,並進一步探討銀行應該如何防範此類風險的產生。 In recent years, with the rapid development of bank card business, frequent cases of theft of depositors’ funds by “cloning” bank cards appearing on bank ATMs occurred frequently. Criminals often steal card funds through cash withdrawal, transfer or consumption by installing theft devices on bank ATMs, stealing bank card numbers and passwords from depositors and faking cards. Since the bank card that is “cloned” in practice is mainly a debit card, this article attempts to make a concrete analysis of the legal responsibilities of all parties concerned when the debit card is cloned, and further explores how banks should guard against such risks The production.