The Discuss Of The Bank Responsibility Of Deposit Loss

Recent years,the disputes of deposit loss have emerged,however the referee results also uneven.There is a dispute of some legal problems of deposit whether in practical or in theoretical.They mainly focus on the burden of proof,the ownership of deposit and the nature of deposit contract.This paper starts from the legal framework and the nature of deposit contract that,through the analysis of the domestic and foreign research,led to that the client funds in the bank,the bank is entitled to the ownership of the deposit,and the deposit contract as consumer deposit contract.Analysis of the responsibility and the Accountable System of bank liability from two typical cases of deposit dispute.The civil liability of the bank shall be determined on the basis of the principle of presumption of fault,and the bank shall be exempted from liability if the depositor has the intention,gross negligence or breach of the collateral obligation of the deposit contract.In the allocation of burden of proof,we should balance the interests of the parties,from the point of view of the burden of proof,from the perspective of fairness and justice,adhere to the protection of the legitimate rights and interests of financial consumers.On this basis,from the legal rules and regulatory level targeted to improve the views,hoping to protect depositors deposit safety,and promote healthy development of the banking sector.