On Legal Issues Of Bank Safe Deposit Box In China

In recent years, with the development of the national economy and the public wealth is accumulated ceaselessly, the citizen’s privacy and the concept of security awareness increases, the bank safe deposit box services because of its security and privacy of public favor gradually, more and more individuals and units to a bank deposit box storage of important financial and documents. Therefore, the bank safe deposit box business in China rapid development, has become a new profit growth point of the intermediate business of each big bank, is the new darling. However, in the major banks involved in the safe deposit box competition at the same time, less attention has been paid to the financial derivative business s legal issues and potential risks, such as the safe deposit box stolen, damaged, overdue and whether the court to take compulsory measures of safe deposit box. This article through to the four part carries on the elaboration:The first part, from the bank safe deposit box business and bank deposit box contract, as well as the bank safe deposit box contract legal nature and bank deposit box contract right semantic structure to discuss the basic theory of bank safe deposit box.The second part, the bank safe deposit box of the expiry of the contract caused by the bank’s lien controversy and bank case clearing disposal legal problems are discussed, and then through the comparative analysis of the two legal problems, propose, namely bank’s lien legal and banking case clearing procedure legalization, but for safekeeping contract contents to be standardized.The third part, the bank safe deposit box items to accidental damage caused by security issues, the problem of civil compensation responsibility, the burden of proof to be discussed, according to the Hong Kong and Macao and overseas experience and related legal system inductive solutions, the bank security standards to be legal in the safe deposit box service, introducing insurance system, settlement in the dispute inversion for burden of proof in.The four part, the bank safe deposit box business in the judicial assistance obligations, breaking box losses and irrelevant to the case processing problems in these three articles by the courts for bank safe deposit box to take coercive measures legal problems caused by the same respectively, to propose to the bank, judicial assistance obligation legalization, clear cut case loss liability, sound irrelevant articles by notarization system.