The burden of proof

newspaper, March 25 (Reporter correspondent Zhang Kui Law and Business) passbook is still in the hands did not move over, but the deposits over 40 million less inexplicable. Miss Qian depositors that the bank-side management memory defects, requiring banks to bear responsibility. Reporter learned that the 25th the court verdict Bank in full payment.
the end of July 2011, the afternoon of the day, Miss Qian holding passbook bank teller business and learned that in a couple of hours ago, the deposits in her savings account has been in the 11 at the outlets in Zibo took away more than 40 million. Miss Qian passbook withdrawals information.
Miss Qian believes that her bank opened passbook account holders issued by the bank, the two sides have established a savings contractual relationship, Bank side on the responsibility to protect the safety of depositors' funds. Her passbook custody has not lost the deposit was withdrawn bank management flaws timberland work boots, not entirely due to safety and security obligations, the responsibility should be borne by the banks.
the bank said Miss Qian did not provide evidence that the person is not subject to its withdrawal in Zibo authorized. In addition, withdrawals in Zibo people aware of Miss Qian ID number and withdrawal password, and holds a passbook, Miss Qian did not protect your passbook and passwords, ID information, and cause deposits by others steal should by Miss Qian own responsibility.
Court has examined to Miss Qian opened a passbook, and did not open a bank card and picture-fold. The court held that the bank side did not provide evidence of its alleged delegate Miss Qian advocated the withdrawal of others, it is the proposition does not hold. Bank Miss Fang Chenqian leaked information caused deposits are extracted, and there is no evidence and therefore inadmissible.
court held that, Miss Qian opened in a bank account and deposit, the bank should do to the safekeeping obligation to ensure the safety of the Miss Qian deposits and payment of deposits at any time and pay interest. Miss Qian deposits removed more than 40 million, is the the Zibo party commissioned by the bank and delivered to the depositor, bear the losses caused by the bank side. Then first instance verdict banks to pay deposits and interest.
25 Ri North Face Men's Windstopper, the reporter learned from the court found that the deposit is withdrawn before the passbook and withdrawal information, and in addition to passbook, Miss Qian did not open bank card and picture-fold, Miss Qian evidence to keep the passbook, and therefore the court to make a judgment in favor of Miss Qian. Currently, the banks party has appealed against sentence. Links >>
Linqu precedent also made a similar judgment
a in Miss Qian case first instance verdict, the trial court staff that also occurred in 2010 in Linqu similar cases (newspaper on March 24 Timberland Hydroclimb Hybrid Sale, 2010 A11 version

reporter learned that, the court hearing the case that financial institutions have the capacity and conditions of the burden of proof should bear the burden of proof. The burden of proof to the customer is to prove the contractual relationship between themselves and the banks have a savings, to prove that the number of deposits and passbook is not lost. As proof ability of the bank, its failure to fulfill the responsibility of proof behavior authenticity of the facts of the case is unknown, and the associated negative consequences should also bear the Bank.
trial court staff told reporters that the Bank of e-commerce activities in the service network of computer information system is under the control of the financial institutions, the working mechanism of the general customer service system, there may be loopholes in understanding rarely be able to get the transaction process usually only computer output, easy tampering without leaving traces of bills and receipts and, apart from the claim is difficult to come up with valid evidence to prove his demands.
customers want to use the computer service network must be recognized financial institutions in order to ensure their own interests under the contract, the transaction process is in the passive position of unconditional obedience. Litigation disputes, compared to customers and financial institutions are weak. Therefore North Face Men's Down Sale, from the point of fairness considerations, bank depositors provide proof to prove that the content can be proved, the financial institutions should bear the burden of proof.
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