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随着电子信息的飞速发展,银行卡得以广泛应用。银行卡的使用确实给人们带来了便捷,但不时出现的“克隆银行卡”案件则令人忧心。不法分子将他人的银行卡非法复制并盗用,随之引发的储蓄存款合同纠纷案件让人深思。然而在各地的案件中对于相同或者相类似的案件在责任认定、责任承担主体、银行和储户之间的利益分配上均有争议,各地法院的裁判结果各不相同,在法律制度和理论层面上也没有统一一致的意见,所以笔者拟对这类案件的民事责任方面做些浅析。
With the rapid development of electronic information, bank cards are widely used. The use of bank cards does bring convenience to people, but from time to time “Clone Bank Card ” case is worrying. Illegal elements of other people’s bank cards illegally copied and misappropriated, with the consequent cases of savings deposit contract controversial people think. However, in all the cases, the same or similar cases are disputed in the distribution of responsibility, the subjects of responsibility, the distribution of benefits between banks and savers, and the results of judgments in different courts vary from one case to another. On the legal system and the theoretical level There is no unanimous opinion, so I would like to do some analysis of civil liability in such cases.