Analysis On The Civil Liability Of Fraudulently Receiving Savings Deposit

Recently, the cases of Fraudulently Receiving arouse very frequently. Because of the concealable criminal tricks, in most cases, it is difficult for the police office to solve these cases in a short period of time. Or alternatively, even though the case was cleared up and the suspected offender was arrested, the falsely claimed deposit is rarely to be recovered or 100% be recovered in most cases. So the depositors take the banks to court, claiming that, the fraudulently received deposit should be recovered. In praxis, there is no dissent to define this kind of disputes as savings contract disputes. But based on the point, that the preset Chinese Contract Law doesn't make any specific provision for this yet, it is difficult for the law application. It will be discussed in this article that in a case of savings contract dispute, which is caused by fraudulently receiving savings deposit, how to define the civil liability.To solve these kinds of cases, the following aspects should be focused on:Should the bank bear the responsibility? What about the depositor? Are there any arguments to exonerate for the responsible party? How to assign the burden of proof? Is the principle of criminal procedure prior to civil procedure also suitable in these cases? The controversy, which based on the case of Chen Xuebi Accusing Zun Yi CCB, just represents these kinds of issues. It will be analyzed in this article on the character of these issues and the responsibilities and obligations of both parties. Based on the clarification of the juridical relationship between the depositor and the bank, combined with the case of Chen Xuebi Accusing Zun Yi CCB, and although based on the analysis of the subject of liability, the suitable doctrine of liability fixation and the elements of responsibility of breach of contract, it will be discussed in these issues, whether or not should the bank and the depositor take the responsibility, and are there any arguments to exonerate for the responsible party. Then it will be discussed on the assignment of the burden of proof and the applicability of the principle of criminal procedure prior to civil procedure. To attract more attention on this issue, the author will give some advices to improve the law and the revelation for the banks based on the present legislation in the end.