Xie from Shandong Province deposited 110 million yuan from his ** factory into a local bank. However, Mr. Ling Xie encountered an incredible situation, that is, more than 100 million yuan of money he deposited in that bank was embezzled by a bank.
At the same time, banks have been urged to recognize their own responsibilities and earnestly safeguard the deposit rights of depositors and the people's "lifeblood" and "money bags".
Mr. Xie opened a woodware factory in Shandong, but due to the severe economic situation in recent years, the efficiency of his carpentry factory was not ideal.
So, he borrowed money everywhere, and in order to continue his career, he borrowed billions from the outside world.
He was about to face a lawsuit from his creditors. At this time, Mr. Xie got a piece of good news.
He had a factory that was requisitioned for the purpose of developing local tourism, and later ** sent a representative to negotiate a compensation with Mr. Xu, and got a total of 110 million.
This news made Boss Xie, who was on the verge of bankruptcy, very happy because his company was able to weather the storm.
Just when everything was going on a positive note, Mr. Xie often received short messages from the bank at company meetings.
However, when the meeting ended, he was surprised to see that there were several more accounts in his account.
He immediately went to the bank and checked the transaction records, and the results showed that the money was all transferred from one of his creditors, and one was his bank account number.
As soon as Boss Xie saw the remittance, he was so angry that he called the police directly, ready to find the bank to settle the account.
As soon as this incident came out, it sparked heated discussions on the Internet, and some netizens proposed that banks are depository institutions and should protect depositors' deposits and cannot be used privately.
Some people also say that Xie Guozhong should repay his debts by himself, which is the way to act on behalf of heaven.
1. Does the bank have the right to transfer the depositor's savings out without authorization?
The Constitution of the People's Republic of China clearly states that no organization or individual may infringe upon the private property rights of citizens. And all acts that infringe on the body and property of citizens are a kind of tort.
In this case, neither according to the laws and regulations of the state nor according to the rules and regulations of the bank, the bank had no right to transfer Mr. Xie's money without authorization, so the bank must be responsible for its own actions.
2. What Chinese laws and regulations did the bank's actions violate?
First of all, the Constitution clearly states that the State's guarantee of citizens' property rights is guaranteed by the State, and no person or group can infringe on it.
Moreover, it was clearly illegal to misappropriate the proceeds of Mr. Xie without his permission.
This act of his is an infringement of his property rights and a tort. Xie can file a lawsuit on this basis.
In addition, the Criminal Law of the People's Republic of China has also caused great damage to the interests of the state and the collective, and the interests of the state and the collective have been seriously harmed.
The then chairman Jiang Mou Lili used his power to make decisions without authorization, violating the company's regulations, and was sentenced to three years in prison.
In addition, in the bank's internal management measures, it is also mentioned that it is necessary to strengthen the control of depositors' funds, requiring all bank staff not to transfer customers' money without authorization, and must let customers do it themselves.
From the above-mentioned legislative provisions, it can be seen that this move is illegal.
3. Can Mr. Xie recover his capital?
In China's current legislation, the principle of "pre-emption for one's own" should be adhered to for money, a specific property.
It's a truth that there's no way to tell whose part of the currency belongs to whom.
In this case, the account to which Xie transferred the money was his own creditor and was not transferred to other accounts.
In this way, it is impossible for him to recover it, and for the sake of now, he can only make the person in charge of the bank bear legal responsibility, and then sue him through judicial channels to make him bear tort liability.
Fourth, how to better protect the people's "money bags".
The people's "money bag" is the biggest politics, although the bank is affiliated with the enterprise, but subject to the first supervision, the people are willing to keep their spare money there.
As a result of this time, it was the bank that privately transferred the customer's money away to prevent it from happening in the future.
First, it is necessary to have strict laws and regulations to ensure that we severely crack down on the illegal transfer of fundsSecond, it is necessary to strengthen the management training system of the banking industry, so that the banking industry practitioners can be effective in the management systemThird, it is necessary to strengthen the supervision and control of financial institutions by regulatory agencies. Only in this way will the people's "money bags" not be blocked.
A company to be saved, due to the operation of the bank, resulting in the maintenance of ** is gone, Mr. Xie has to find another way to raise money, we ordinary people may not encounter so much money is transferred, but it is worth thinking about whether the bank's random operation is appropriate.
We are now in a society governed by the rule of law, and if you have something, you must ask someone who has legal knowledge for advice, so that it will not leave any stain in your life.