The Legal Analysis Of The Case About The Dispute Of Deposit Certificate Loss Reporting

As the typical representative of financial institutions, the bank plays a particularly important role in the life of national economy. At present our country is in the economic transition period, the reform of financial system is in constantly advancing, as the high risk industry, financial industry were faced with all kinds of problems. The dispute of deposit certificate loss reporting is the most main and the most serious one of various types of bank dispute in recent years. Discussing the case of the dispute of deposit certificate loss reporting and controlling the dispute are the important aspects of risk management of the commercial bank.The dispute of deposit certificate loss reporting involves both sides of the subject as a financial institution bank and depositor; their basic relationship is savings relations, customer deposits money in the bank, the bank issues bankbook or deposit certificate, and customer deposits as the main part of the loan supply play a fundamental and primitive role in the business of the bank. Without customer deposits, the bank lacks capital source, can’t charge interest on loans and obtain bank profits. The frequent occurrence of the dispute of deposit certificate loss reporting, a lot of action not only cost the bank’s resources and increase the cost of business but also hit the depositor confidence in the bank and affect the social public image of the bank, endanger the bank’s credit, it is not conducive to the financial market stability.With regard to the dispute of deposit certificate loss reporting, both sides of the debate focus on the following issues:the problem of ownership of deposit, the bank for the loss of identity to review whether there are defects, the allocation of the burden between bank and depositor, the bank’s payment effectiveness to impersonator.In the current system conditions, the bank has the defects in the system of the deposit certificate loss reporting. The subjective reasons include lacking the concept of legal system, financial risk consciousness weak, employees lack of capability of business, employees operating procedures errors and so on. The objective reasons include judicial practice additional to the bank’s unreasonable censorship obligations, imperfect legal system, and related system not sound and so on. Researching the dispute of deposit certificate loss reporting and guiding the financial institutions including Banks to effectively guard against risks not only promote the harmonious development of the financial ecology in China, but also promote sustainable development of economy and society.