Judicial Determination Of Deposit In Loan Guarantee

With the development of banking financial institutions,the number of loan guarantee disputes continues to grow.Strictly abiding by the laws and regulations to issue loans has become the basis to protect the legitimate rights and interests of lenders.In this case,there is a dispute between the two parties over whether Ren can sue a rural commercial bank and a financing guarantee company as a qualified plaintiff,whether the legal relationship in this case is tort or breach of contract,and whether a rural commercial bank should return the deposit involved in the case.By analyzing the malicious collusion between a rural commercial bank and a financing guarantee company in the loan guarantee business to damage the legitimate rights and interests of Ren,the author concludes that Ren has a direct interest relationship with the case and is a qualified plaintiff;starting from the liability for breach of contract and infringement,and combining with the legal documents in the field of banking financial institutions,the author concludes that the liability of a financing guarantee company and a rural commercial bank belongs to infringement Through the analysis of this case,the paper concludes that the pledge deposit belongs to any one,and a rural commercial bank violates the prudent operation rules,which belongs to unjust gain and should return the pledge deposit.Finally,the paper analyzes the prudent operation rules,and puts forward the necessity of setting up a financial supervision institution by analyzing the phenomenon of quasi financial institutions in China In the end,it is concluded that the pledge of guarantee metal in chattel is a special form.