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Personal and bank litigation, who will win the odds?

Jiang Meng

December 2018 05, 16:12, source: People's Network - view channel

Personal and bank litigation, who will win the odds?

Background: "What is your odds of winning the case with the Bank of China in your personal strength?" Zhao received 18 calls from his bank because he received a call from the bank, and he had 7 overdue personal credit cards, all of which came from the Bank of China, Changsha, China. Now, after a year and a half of the complaint, the problem remains unresolved. Mr. Zhao is angry and posting.

The Beijing News published Shu Shengxiang's view: In the case of consumers' ignorance, there are 18 credit cards unknownable. They do not know who will do it for you, nor do you know who will activate it for you, nor do you know who is buying it for you. Overdue repayment affects the consequences of personal credit, but you have to bear it. This kind of thing is not only absurd but also very strange. From the common sense, even if the bad guys are really bad, the related banks will at least have the responsibility to audit the dereliction of duty. According to media reports, at the beginning of 2014, two staff members of the Wuhou sub branch of the Bank of China colluded with university teachers in the absence of knowledge, and handled credit cards for 35000 students. In 2016, Bank of China Shangluo branch misappropriated 3000 students' identity information from Shangluo College, and opened a credit card to students who had no knowledge of it. Whether Mr. Zhao's experience is exactly the same as ours, we don't know, but the same person can handle nearly 20 credit cards in the same bank, which is obviously abnormal. In fact, the larger number of illegally holding other credit cards has been suspected of violating the crime of impairing credit card management. So it is urgent to find out who is going to use his information to run cards. If a bank insider takes advantage of his position convenience, he should also be punished according to the criminal law. If the bank concerned is responsible, do not try to intimidate the litigants by taking advantage of the "odds" situation.

Little Chiang Kai Shek's caprice: Mr. Zhao said he had many 18 credit cards in his name. Others used his name in his name to spend money and let him pay the bill. If his statement is true, it really gives sympathy to the onlookers. It will also make other people have such a "unwanted disaster" that will come to their heads in the future. However, in the rule of law society, it is necessary to consider the truth of Mr. Zhao's remarks. Who has the power and ability to investigate? Obviously the law enforcement agency. Clarify the truth, clarify what responsibility the bank and Mr. Zhao should bear respectively, or do not have to bear responsibility, and need law enforcement officers to intervene. However, the current attitude of banks is worth considering. The person claiming to be the president of the bank has mocked Mr. Zhao for "no win" when the judiciary has not intervened. What is the governor's view of "bank win"? For such arrogance and prejudice, we must reiterate that "everyone is equal before the law". On the other hand, people may also think about whether the judgment is fair and just in the past cases of "grass-roots Big Mac". Back to this case, if someone did steal the cards and swiped the cards in the name of Mr. Zhao, the bank would just ask Mr. Zhao to settle accounts, and he would indulge the real murderers. If the bank considers Mr. Zhao to be "a thief to catch a thief", the best way is to take legal proceedings instead of frightening Mr. Zhao to court. If the law does not commit presumption of innocence, if there is no real evidence, the suspect will never be guilty. It should be judged by law rather than between banks and customers.

Xiao Jiang's words: Hello, everyone. I am Xiao Jiang. Every country has its own affairs. You comment, I commend, everyone comment, let a hundred flowers bloom. Opinions vary from point to point, as long as we respect objectivity, rationality and fairness.

(Editor: Dong Xiaowei, Wang Qian)