Abstract: The legal treatment of disputes over identity theft on bank card in judicial practice has so far been basically carried out along the thinking of contract law. Although this usual thinking can give legal comfort to the parties and bring legal order to the field of the bank card use, these results are actually achieved at the cost of reducing efficiency and weakening justice.Bank cards are qualification securities representing cardholders' property rights.Because of the characteristics of the right holder identification mechanism for its use, the identification obligation, imputation mode and exemptions of relevant obligors all follow their own rules, which cannot be all covered by the usual contract law rules.For example, the securities relationship on the bank card is separated from the contractual relationship formed on the basis of it, and the identification obligation to the card owner is not related to the possession status of the card and the fault of the cardholder. Therefore, in the judicial practice of dealing with disputes over identity theft on bank card, we should grasp the legal nature and application rules of bank cards as certificates of rights, take them as the essential differences between fraudulent transaction with counterfeit card and online fraudulent transaction and,on the basis of this understanding,set updifferent situation categoriesof and corresponding rules for handling cases of identity theft on bank card.

Keywords: bank card; qualification securities; fraudulent transaction with counterfeit card; online fraudulent transaction

Author:Chen Su, member of the Academic Department of Chinese Academy of Social Sciences and a research fellow at CASS Institute of Law.

Source: 1 (2022) Law Science Magazine.