近年来,随着银行卡发行量迅猛增长,银行卡安全问题不断凸显,银行卡被不法分子复制而发生的克隆卡事件频繁发生,伪卡交易引发的民事案件大幅增加?。由于目前法律法规和相关司法解释对伪卡交易民事案件的法律适用没有明确的规定,各地法院对证明责任的认定标准不一,同案不同判的情况时有发生,令公众感到困惑之余,亦影响了审判机关的司法权威。本文援引相关案例,分析影响克隆卡纠纷案件裁判标准和尺度的问题及其成因,论证民事诉讼证据规则在伪银行卡民事案件中的应用,合理分配举证责任,确定发卡银行与持卡人在伪卡交易民事案件中的责任大小,以期对责任承担比例达成共识。 In recent years, with the rapid growth of bank card issuance, the bank card security issues have been constantly highlighted. The occurrence of cloning cards frequently occurred when bank cards were copied by unscrupulous criminals. The number of civil cases triggered by counterfeit card transactions has risen sharply. Due to the current laws and regulations and related judicial interpretation of the legal application of fake card transactions in civil law there is no clear rules, the recognition of the burden of proof of the courts around the different standards, different cases of different cases from time to time, leaving the public confused, It also affected the judicial authority of judicial organs. This article cites relevant cases, analyzes the problems and causes of the arbitration standards and scales that affect the case of clonar disputes, proves the application of evidence rules of civil litigation in the civil cases of counterfeit bank cards, reasonably allocates the burden of proof and determines the counterfeiting of the issuing bank and the cardholder Card transactions in civil cases the size of the responsibility, in order to reach a consensus on the proportion of responsibility to bear.