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Bank Savings Deposit Dispute Law Problem Analysis

Posted on:2018-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:L Y MaFull Text:PDF
GTID:2346330536475762Subject:Law
Abstract/Summary:PDF Full Text Request
This paper mainly focuses on the typical cases of common life in life.First,elaborated the nature of savings behavior and characteristics of the contract,and then sort out the legal basis of the relationship between banks and depositors on the show that the ownership of bank deposits,bank depositors in savings set out in the deposit contract obligations.Then,based on the legal relationship,the author analyzes the nature of the burden of proof in the case of the savings deposit contract and the bank and the depositor in the case of the deposit disputes,the depositor and the bank,whether the responsible party assumes responsibility for breach of contract and whether there is a reason for exemption.At last,the author puts forward some suggestions on the legislation of savings deposits in China,which is based on the current situation of the legislation of savings deposits in China.There are conflicts between normative legal documents,low levels of relevant legislation and so on.The savings contract is included in the scope of China's contract legal system and the existing laws and regulations,as well as the relevant provisions of the normative documents to amend the provisions of the new legislation to overcome the legislation lag to improve the legislative system of China's savings deposits through the implementation of a unified savings contract model,the establishment of the loss of liability limit system,a clear burden of proof distribution system and other content to improve China's relevant legal system,followed by the proposed bank to strengthen the rules of depositors and risk prevention tips,improve depositors withdrawals and consumption trading mode of operation,to enhance the implementation of bank staff rules and regulations,and to strengthen the improvement of bank risk prevention technology to improve the relevant business operation rules,in order to solve the savings deposit dispute cases to provide a new way of thinking,solve the problem of benefit.
Keywords/Search Tags:dispute of savings deposit, responsibility principle, burden of proof, electronic allocation
PDF Full Text Request
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