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伪卡交易中银行与用户的责任划分是平衡发卡行与持卡人权利义务关系的重要内容。在明确双方合同关系的前提下,根据合同的无过错归责原则,通过确定双方的举证责任进而寻求双方的赔偿责任最终承担方式。银行与用户的责任划分,能够为伪卡交易中各方的责任承担提供一套公平的解决方案,从而维护双方的权益,减少两者之间的矛盾。
The division of responsibilities between banks and users in the counterfeit card transactions is an important part of balancing the rights and obligations between the card issuing banks and the cardholders. On the premise of clarifying the contractual relationship between the two parties, according to the principle of no-fault attribution of the contract, the ultimate responsibility of both parties’ compensation liability should be sought by determining the burden of proof on both sides. The division of responsibilities between banks and users can provide a fair solution to the responsibilities of all parties involved in the counterfeit card transactions so as to safeguard the rights and interests of both parties and reduce the contradiction between the two.