Study On Bank’s Civil Liability Of Unauthorized Using Of Savings Deposit

Savings contract is a kind of common daily life, it produce between banks and depositors, almost everyone is more or less for a savings account with the bank. Real-life and frequent the case of unauthorized using of savings, not only caused loss to the property of the depositoe, but also caused a lot of negative effects to the bank’s business reputation. Such cases often involve criminal offence, and because of the detection technology is limited, so that many cases can’t be solved in time, even though the criminal case is solved, the crimianls also don’t have ability to pay compensation. Then the depositors would sue the bank, requiring banks to undertake corresponding civil liability, so as to seek damage relief. However, no matter in theory or practice, poeple’s attitude toward the case of unauthorized using of savings is not unified.This article through to the judicial practice in the real case analysis,to prove that this type of case in judicial practice that has not been able to form a unified undersanding.And also put forward some controversial issues about the case of unauthorized using of savings. This article is on the basis of savings contract theory and the law of contract,to analyse the components of the bank’s civil liability. At last,the article also discusses the bank ground of relief in such cases.This paper provides a new way to solve the banks’ liability in the case of unauthorized using savings, and hopes to be able to solve related problems in practice.