Due to the different circumstances of the specific cases, how to define the responsibilities of depositors and banks has always been a legal problem.
A review of the case materials shows that after funds are stolen, the court has different evidentiary requirements for banks and depositors.
The court needs the depositor to provide evidence that the funds have been stolen. If there are problems with passwords and signatures, the court also needs the depositor to provide judicial instrument identification;
At the bank level, the court needs Banks provide proof of business disputes or controversies (including deposits and withdrawals, loans and credit card business, financial management business and intermediary business, etc.) between depositors and banking financial institutions or banking industry employees.
In the case of the theft of the deposits of several depositors of the Nanning Branch of ICBC, the Nanning Intermediate People's Court stated in the judgment that "Whether the employee's former employer, ICBC, is the subject responsible for refunds is not within the scope of this case, and the court will not make a decision. ".
After the first-instance verdict, many victims believed that their losses were caused by bank employees. Although they have been fired from the bank, the bank is still responsible for the losses. The second trial is still ongoing.
Wang Deyi, a lawyer at Beijing Qiushi Law Firm, analyzed in an interview with this reporter that the court only recognized the criminal liability of the relevant personnel and did not review the civil liability between the depositors and the bank. However, This does not affect the legal relationship of the deposit savings contract between the depositor and the bank.
Wang Deyi further pointed out that in addition, the counterparty of the depositor's deposit is the bank. Legally speaking, the counterparty of the depositor's contract is the bank, not the individual. The depositor has the right to claim compensation from the bank, and the bank can also seek compensation from the relevant parties. Personnel recovery.
Judging from relevant cases, after the incident, some depositors also reported to the local Banking and Insurance Regulatory Bureau. The regulatory authorities responded that the bank had failed in employee behavior management, counter business risk prevention, important position rotation, The mechanism for detecting abnormal employee behavior is imperfect, and case risk prevention and control is insufficient. At the same time, supervisory measures such as issuing supervisory reminders and interviewing branch executives were taken to require the bank to strengthen and improve employee behavior management and internal control.
"When depositors hand over their funds to the bank, the bank has the obligation to ensure the safety of the funds. If it fails to manage its own employees, seals, and systems, it would rather let the depositors bear the responsibility. Of course, if a civil dispute occurs, the court is likely to find that The customer himself also has certain faults, and the customer himself also needs to bear part of the responsibility." Wang Deyi said.
As for the follow-up measures for the Nanning Branch case, a reporter from Beijing Commercial Daily asked ICBC but has not yet received a reply.
In recent years, such cases have attracted regulatory attention. The China Banking Regulatory Commission has successively organized and carried out "Consolidating Achievements in Combating Chaos and Promoting Compliance Construction", "Looking Back" on Market Chaos Rectification, and "Year of Internal Control and Compliance Management Construction" "Waiting for work to standardize bill trading behavior.
As for savers, how to prevent the money deposited in bank accounts from disappearing?
In Wang Jianhui’s view, depositors should keep their ID cards, bank cards, passwords and other information when handling business, go to the counter in person to handle the matter, and do not trust third-party work recommended by bank employees. At the same time, you should read the contract, product manual and other information clearly when signing the contract.
The China Banking Regulatory Commission has previously pointed out that banking institutions must continuously improve their internal control levels and further standardize the management of bank acceptance bill business to avoid leaving opportunities for criminals to take advantage of and damage the legitimate rights and interests of commercial banks and financial consumers. The bank does not have to bear any responsibility for redemption
Deposits of more than 250 million yuan from ICBC Nanning Branch "disappeared". The bank executive who operated in secret was sentenced to life imprisonment in the first instance, and the depositors involved were left with nothing. Recently, many victims of this major financial case reported to reporters that when they were handling large-denomination certificates of deposit business on the Industrial and Commercial Bank of China website, their deposits were quietly transferred away by Liang Jianhong, a senior executive of ICBC Nanning Branch, using his authority. However, the court of first instance found that Liang Jianhong was responsible for the execution. Depositors who committed theft were sentenced to life imprisonment, and the bank was not liable for any compensation.
They find it difficult to understand: How could the money in the bank be stolen in broad daylight? Why are banks completely exempt from liability?
This is simply unreasonable. The bank is supposed to be the safest place. Anyway, do users go to the bank to deposit money? Did the bank issue you a certificate of deposit? I don't want to. So why does the bank not have to bear responsibility when the money is lost in the end? Is it because the users who saved money didn’t find out that the executives had committed fraud? If something goes wrong and you are not responsible, what will happen to the bank's reputation?
This kind of thing feels a little unclear no matter where you put it, but what the facts are depends on the follow-up. After all, it is often unknown whether there are many articles in the middle of some things.