Research On Civil Legal Issues In Impersonate Withdrawing Disputes

In recent years,funds in bank accounts have been frequently reported by others,and there is a trend of increasing year by year.In most cases,the depositor,as the plaintiff,generally uses the bank as the defendant to file a civil lawsuit and asks him to bear the civil liability for returning the money in the fraudulent account.After studying a large number of typical cases published by courts about this kind of case in recent years,especially in the Gazette of the Supreme People's Court,I found that although most court judges require banks to assume primary or full responsibility,when they explain the reasons for the judgment,they appear to be vague,unclear and lack of basic logic.The expression of the plaintiff's fault is more vague and ambiguous.Therefore,this paper intends to review the development of judicial decisions in the case of bank account funds in recent years,focusing on the various legal relationships involved and the application of depositors' faults here,in order to clarify the judicial decisions of such cases.The legal basis seeks to find a referee path that is optional and clear in legal logic.In addition to the introduction and conclusion,this article is divided into four parts.The first part mainly introduces the current judicial practice of impersonate withdrawing disputes.It takes four cases of Gazette of the Supreme People's Court as the entry point,and combines the judgments of the higher people's courts in this case to point out the current judicial practice in referencing such cases and confusion in terms of reasoning,logic,and legal application.The second part mainly analyzes the legal analysis of the impersonate withdrawing disputes,focusing on the ownership of funds in the bank account,the legal relationship between the depositors and the banks,the legal effects of the funds in the bank accounts after the third party has taken the lead.The third part focuses on the development of contributory negligence rules.Through the in-depth analysis of the basic theory of contributory negligence rules,it discusses the legal application of the referee in the judgment of impersonate withdrawing,so that the court should consider the plaintiff when trying such disputes.The confusion of faults finds reliable theoretical basis and support.Finally,on the basis of the above theoretical analysis,the fourth part intends to put forward some opinions and suggestions with solid legal basis,complete legal logic and strong practical value for the settlement of the disputes of impersonate withdrawing by comparing the new trends of judicial practice in adjudicating such cases,with a view to making a little tribute to correct the problems that arise in current judicial decisions.