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newspaper, March 25 (the reporter Zhang correspondent Kui Law and Business) did not move, but the deposits are more than 40 million less inexplicable. Depositors money, held that the bank-side management deposit defects,Reebok Runtone Action Men's, requiring banks to bear responsibility. 25, reporter learned that the Court of First Instance judgment banking side full payment.
One afternoonthe end of July 2011, Miss Qian took the passbook at the bank teller business, that in a few hours ago, her savings account deposits have been 11 in Zibo outlets at took away more than 40 million. Miss Qian passbook withdrawal information.
Miss Qian,reebok easytone, open a bank account held by the bank passbook issued by the two sides have established a savings contractual relations,reebok easytone shoes, banking on the responsibility to protect depositors funds security. Her passbook custody has not lost the deposit was withdrawn to bank management flaws, deficiencies security obligations due responsibility should be borne by the bank.
bank side, Miss Qian did not provide evidence in Zibo withdrawals are not subject to its authorized In addition, the depositor in Zibo know the ID number of the Miss Qian and withdrawal password, and holds a passbook to prove that this is Miss Qian did not protect your passbook and password, ID information, while others steal caused by deposits, should be Miss Qian their own responsibility.
theCourt found that, the money after the woman opened the passbook does not open a bank card and picture-fold. The court held that the bank side did not provide evidence of its alleged Miss Qian commissioned by the advocates of the withdrawals of others, the proposition does not hold. Bank side said Qian Ms. disclosure of information resulting in deposits to be extracted, there is no evidence, and therefore inadmissible.
thecourt held that Miss Qian open an account in the bank deposits, bank side should try to take good care of the obligation to ensure the safety of Miss Qian deposit and payment of the deposit and pay interest at any time. Miss Qian deposits have been removed over 40 million Zibo side by the Bank commissioned and delivered to the depositor, the resulting losses borne by the bank side. Then the first instance judgment of the banks party to pay deposits and interest.
25, the reporter learned from the court found that the deposits are withdrawn, the passbook withdrawal information, in addition to books, Miss Qian did not open a bank card and picture-fold, Miss Qian there is evidence to keep the passbook, the Court made a judgment in favor of Miss Qian. Currently, the banks party to accept the verdict has been an appeal.
Links >> Linqu precedent had also made a similar judgment
Miss Qian case of first instance on the occasion of the judgment, the trial court staff was informed in 2010 the Linqu also occur similar cases (newspaper on March 24, 2010 A11 version passbook pressure under the bed, which the money case reported Linqu Rural Credit deposit was removed), the court made the judgment of the Rural Credit payment obligation.
2010 March 17, who lives the Linqu Dongjiakou Village of Directors l found their hard-accumulated 4 million hard-earned money somehow through the ATM machine taken away from the book in the the Linqu rural credit The community said do not assume any responsibility. Soon after, Dong-liter and the Linqu agricultural letter contradictions unresolved, playing a lawsuit. The Court of First Instance judgment of bank payment obligation. However, the Linqu agricultural letter side appealed his conviction appeal, the Rural Credit party believes that Mr TUNG should demonstrate that the withdrawal was not his own, only to meet the evidentiary requirements. The public security organs in the investigation did not find the bank ATM machine defects or due to mismanagement by others steal information, facts. Mr TUNG prosecution should be dismissed, or termination of the trial to be public security organ has concluded its investigation.
reporter learned that the court hearing the case that financial institutions should bear the burden of proof to testify and conditions. Depositors, the onus to prove the contractual relationship between himself and the bank, a savings to prove that the number of deposits and passbook is not lost. Bank as proof ability, and its failure to fulfill the responsibility of the burden of proof acts leading to the authenticity of the facts of the case is unknown, the associated negative consequences should be bear by the bank side.
Court judicial officers told reporters that the bank e-commerce activities, the service network of computer information systems, the general customers in the financial institutions under the control of the working mechanism of delivery system, there may be loopholes in understanding small, can get in the transaction process is usually just the computer output, easy to tamper with without leaving any traces of bills and receipts, apart from the claim is difficult to come up with valid evidence to prove their demands.
customers want to use the computer network of services must be recognized by financial institutions in order to ensure their own interests, the provisions of the contract, the transaction process in the passive position of unconditional obedience. Dispute litigation, customers and financial institutions compared to the weak. Therefore from the consideration of the fair point of view, bank depositors to provide evidence to prove that you can prove, financial institutions should bear the burden of proof.
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