On May 25, 2021, the Supreme People's Court issued the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Bank Card Civil Disputes" (hereinafter referred to as the "Bank Card Regulations"), which will be implemented on the date of issuance.

There are 16 articles in the "Bank Card Regulations", which mainly regulate the civil disputes between cardholders and card issuers, non-bank payment institutions, acquirers, special merchants and other parties arising from the conclusion of bank card contracts and the use of bank cards.

The "Bank Card Regulations" stipulate the liability for bank card fraud. Articles 4, 6 and 15 of the "Bank Card Regulations" stipulate the determination of the fact that bank cards are stolen. Based on the diversity and complexity of bank card transactions, Articles 7 to 12 of the "Bank Card Regulations" stipulate the responsibilities of fraudulent transactions between different entities according to the differences of the parties involved in the dispute. Article stipulates the principle of non-repetitive compensation. By clarifying the obligations and responsibilities of card issuing banks, cardholders, acquiring banks, and special merchants, the above regulations have played a guiding role in regulating the behavior of all parties, improving the security level of bank card transactions, and better building a bank card system.

In addition, Article 2 of the "Bank Card Regulations" regulates the standard terms of interest fee liquidated damages in accordance with the provisions of the Civil Code on the standard clauses. This article stipulates that when the card issuing bank entered into a bank card contract with the cardholder, it failed to perform prompting or explaining the obligation to charge interest, compound interest, fees, liquidated damages and other standard terms, which caused the cardholder to not pay attention to or understand the terms and hold the card. People’s courts should support the people’s court if they claim that the clause does not become the content of the contract and is not binding on it. The card issuer requests the cardholder to pay overdraft interest, compound interest, liquidated damages, etc., or pay installment fees, interest, liquidated damages, etc., as stipulated in the credit card contract. The cardholder requests that the total amount claimed by the card issuer is too high. If the reduction is reduced, the people's court shall comprehensively consider factors such as the state's relevant financial regulatory regulations, the amount and time limit of outstanding payments, the degree of fault of the parties, the actual losses of the issuing bank, etc., and evaluate them in accordance with the principles of fairness and good faith, and make a ruling. In order to protect the financial claims of financial institutions in accordance with the law, in accordance with the principle of good faith stipulated in the Civil Code, Article 3 of the "Bank Card Regulations" provides for the suspension of the statute of limitations. The "Bank Card Regulations" also deal with the cancellation of bad credit records and other content.

The following is the full text of the "Regulations"

Provisions of the Supreme People's Court on Several Issues Concerning Trial of Cases of Civil Disputes over Bank Cards

The Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Bank Card Civil Dispute Cases were adopted at the 1785th meeting of the Judicial Committee of the Supreme People's Court on December 2, 2019. They are hereby promulgated and shall come into force on May 25, 2021.

Supreme People's Court

May 24, 2021

Law Interpretation (2021) No. 10

Supreme People's Court

Provisions on Several Issues Concerning the Trial of Bank Card Civil Dispute Cases

(Adopted at the 1785th meeting of the Judicial Committee of the Supreme People's Court on December 2, 2019, and effective from May 25, 2021)

In order to correctly hear bank card civil dispute cases and protect the legitimate rights and interests of the parties, these regulations are formulated in accordance with the "Civil Code of the People's Republic of China", "The Civil Procedure Law of the People's Republic of China" and other provisions, combined with judicial practice.

Article 1 These Provisions shall apply to civil disputes between cardholders and card issuing banks, non-bank payment institutions, acquiring banks, special merchants and other parties arising from the conclusion of bank card contracts and the use of bank cards.

The civil disputes over bank cards referred to in these regulations include debit card disputes and credit card disputes.

Article 2 When the card issuing bank entered into a bank card contract with the cardholder, it failed to perform the prompting or explanation obligations on the standard terms such as interest, compound interest, fees, liquidated damages, etc., so that the cardholder did not pay attention to or understood the terms, and the cardholder The people's court should support the claim that the clause does not become the content of the contract and is not binding on it.

The card issuer requests the cardholder to pay overdraft interest, compound interest, liquidated damages, etc., or pay installment fees, interest, liquidated damages, etc., as stipulated in the credit card contract. The cardholder requests that the total amount claimed by the card issuer is too high. If the reduction is reduced, the people's court shall comprehensively consider factors such as the state's relevant financial regulatory regulations, the amount and time limit of outstanding payments, the degree of fault of the parties, the actual losses of the issuing bank, etc., and evaluate them in accordance with the principles of fairness and good faith, and make a ruling.

Article 3 In any of the following circumstances, it shall be determined that the card-issuing bank has suspended the statute of limitations for the creditor's right of the cardholder:

(1) The card issuing bank deducts the principal and interest of the overdraft funds, liquidated damages, etc., from the cardholder’s account as agreed;

(2) The card issuing bank sends mobile phone messages, written letters, e-mails, etc. to the phone number, mailing address, and e-mail address reserved by the cardholder to collect the creditor's rights;

(3) The card issuing bank reports the case to the public security organ on the grounds that the cardholder is suspected of malicious overdraft;

(4) Other circumstances that can be determined as the suspension of the statute of limitations.

Article 4 If the cardholder claims that the disputed transaction is a counterfeit card fraud transaction or a network fraud transaction, it may provide effective legal documents, the location of the real card at the time of the bank card transaction, the location of the transaction, the account transaction details, transaction notifications, alarm records, Report the loss record and other evidence materials to prove it.

If a card issuing bank or a non-bank payment institution claims that the disputed transaction is the cardholder’s own transaction or a transaction authorized by the cardholder, it shall bear the burden of proof. Card issuing banks and non-bank payment institutions may provide evidence materials such as transaction receipts, statement of accounts, surveillance video, transaction identification information, transaction verification information, etc. for proof.

Article 5 After the cardholder informs the card issuing bank that there has been a change in the amount of funds or overdrafts that are not caused by the transaction or the transaction authorized by the cardholder, the issuing bank fails to verify the holding and use of the bank card with the cardholder in a timely manner. Provide or save evidence materials such as transaction receipts, surveillance videos, etc., and the relevant evidence materials cannot be obtained, shall bear the legal consequences of not being able to provide evidence

Article 6 The people’s court shall comprehensively review the evidence submitted by the parties, taking into consideration the distance between the place of the bank card transaction and the location of the real card, whether the cardholder has conducted basic transactions, transaction time and alarm time, cardholder’s card-using habits, Facts such as the number and frequency of fraudulent use, whether the transaction system, technology and equipment are safe, etc., comprehensively determine whether there is a counterfeit card fraudulent transaction or network fraudulent transaction.

Article 7 In the event of counterfeit card fraudulent transaction or online fraudulent transaction, the debit card holder requests the issuing bank to pay the principal and interest of the stolen bank deposit and compensate for the loss based on the legal relationship of the debit card contract, the people's court shall support it in accordance with the law.

In the event of counterfeit card fraud transactions or online fraud transactions, the credit card holder requests the issuing bank to return the deducted overdraft principal and interest, liquidated damages and compensation for losses based on the legal relationship of the credit card contract, the people’s court shall support it in accordance with the law; The people's court shall not support the repayment of the principal and interest of the overdraft funds, liquidated damages, etc. by the cardholder.

In the preceding two paragraphs, the cardholder is at fault for failing to properly keep the identity information such as bank cards, passwords, verification codes, and transaction verification information, and the card issuing bank claims that the cardholder shall bear the corresponding responsibility, the people's court shall support it.

If the cardholder fails to take measures such as reporting the loss in a timely manner to prevent the loss from expanding, and the card issuing bank claims that the cardholder shall bear the responsibility for the expanded loss, the people's court shall support it.

Article 8 When a card issuing bank enters into a bank card contract with a cardholder or when opening an online payment business function, it fails to perform the obligation to inform the cardholder that the bank card has the relevant online payment function. The people’s court shall support the request not to bear the responsibility of online fraudulent use of the function on the grounds of agreeing on the payment terms, but if there is evidence that the cardholder agrees to use the online payment function, the provisions of Article 7 of these regulations shall apply.

When a non-bank payment institution adds a new type of online payment service, if it fails to perform the obligations specified in the preceding paragraph to the cardholder, it shall be dealt with in accordance with the provisions of the preceding paragraph.

Article 9 When a card issuing bank enters into a bank card contract with a cardholder or adds an online payment service, it fails to fully inform the cardholder of a certain online payment service that the cardholder’s identification method, transaction verification method, transaction rules, etc. are sufficient to influence the cardholder’s decision Whether the content of the function is used, so that the cardholder does not fully and accurately understand the function, and the cardholder requests not to bear the responsibility for online fraud due to the use of this function on the grounds that the cardholder has not reached an agreement with the card issuing bank on the relevant online payment terms , The people’s court should support it, but if the cardholder is at fault for online fraudulent use, he shall bear the corresponding fault liability. Although the card issuing bank has not fulfilled the aforementioned obligations, but there is evidence to prove that the cardholder knows and understands the network payment function, the provisions of Article 7 of these regulations shall apply.

When a non-bank payment institution adds a new type of online payment business, if there is a situation where the preceding paragraph has not fully fulfilled the obligation of notification, it shall be handled with reference to the provisions of the preceding paragraph.

Article 10 The promotional materials provided by the card issuing bank or non-bank payment institution to the cardholder indicate that it shall assume the responsibility for the advance payment of online fraudulent payments. The promise is specific and clear, and should be determined as the content of the contract. Where the cardholder requests the issuing bank or non-bank payment institution to assume the responsibility for advance payment, the people's court shall support it.

If a non-bank payment institution's relevant online payment business systems, facilities, and technologies do not meet the security requirements and lead to online fraudulent use, the people's court shall support the cardholder's request to order the institution to assume the liability for advance compensation.

Article 11 In the case that the acquiring bank and the issuing bank are not the same bank, because the acquiring bank has not fulfilled its obligation to protect the cardholder’s card safety, or the authorized merchant has not fulfilled the verification of the authenticity of the cardholder’s signature, the authenticity of the bank card, etc. If the obligation leads to the occurrence of counterfeit card fraud transactions, and the cardholder requests the acquiring bank or special contract merchant to bear the compensation liability, the people’s court shall support it, but the cardholder has faults in the counterfeit card fraud transaction, and the acquiring bank or special contract can be mitigated or exempted Corresponding responsibilities of merchants.

Where the cardholder requests the card issuing bank to assume responsibility, and the card issuing bank applies for additional acquiring banks or special merchants to participate in the litigation as a third party, the people's court may allow it.

After the card issuing bank assumes the responsibility, the acquirer or special contract merchant that claims the fault shall bear the corresponding responsibility in accordance with the law.

Article 12 After the card issuing bank, non-bank payment institution, acquiring bank, or special contract merchant assumes the responsibility, the people's court shall support the request of the pirate to bear the tort liability.

Article 13 Due to the same counterfeit card fraudulent transaction or online fraudulent transaction, the cardholder claims the rights to the issuing bank, non-bank payment institution, acquiring bank, special merchant, stolen banker, etc., and the amount of compensation shall not exceed The total loss caused by the stolen bank card.

Article 14: Where a cardholder requests the card issuing bank to revoke the corresponding bad credit records in a timely manner based on the fact that he or she does not assume or is not fully responsible for the counterfeit card fraudulent transaction or the online fraudulent transaction transaction, the people's court shall support it.

Article 15 The term “counterfeit card fraudulent transactions” as mentioned in these regulations refers to the behavior of others using counterfeit bank cards for cash withdrawal, consumption, transfers, etc., which causes the cardholder’s account to decrease in funds or increase the amount of overdraft that is not based on the person’s intention. .

Online fraudulent transactions referred to in these regulations refer to the fact that others steal and use the cardholder’s bank card online transaction identification information and transaction verification information to conduct online transactions, resulting in a reduction in funds or overdrafts in the cardholder’s account that are not due to their own intentions. Increased behavior.

Article 16 For cases that have not yet been finalized after the implementation of these regulations, these regulations shall apply. These regulations do not apply to cases where the trial has been finalized before the implementation of these regulations, and the parties have applied for retrial or decided to retrial in accordance with the trial supervision procedures.