Zhang Antai Sue Construction Bank Branch Of Baiyin Infringement Case Analysis

Commercial banking for business, and customers with a different kind of business relations in the level of law is different. Usually, the bank and client's business relationship with nature by contract to distinguish, but financial losses caused by the customer the reason it can be a result of the breach, may also be caused by violations. Correctly identify the banks and the legal relationship between the customer, analyze the results of the causes leading to the damage, determine the compensation liabilities for the principal, is of great significance.This paper focuses on practice in a banking dispute with the client's case, first outlined the case of first instance court, court of second instance of the different points of view and a retrial verdict, the process of combing out the case to the three focus issues. Then focus on the analysis of these three issues:First, from the concept of agent and contact, commission, Compare banks' securities business systems and the general sense of the difference between the relationship of trust management, analysis of the case the legal relationship between the parties; Second, Compare the difference between tort and breach of contract, described the composition of elements of the tort liability, analysis of the case the defendant should bear the responsibility of the type; Third, introduce the concept of joint and several liability and classification, number of people together infringement and contributory infringement of the links and differences in the "Tort Liability Act" under the framework of analysis of this case the two defendants should bear the type of tort liability. Then, the case described Pondering: the actual situation with the case, the assumption that certain conditions established under the premise of the results of another case dealing with the referee comments; Analysis of this case the individual defendants the possibility of a criminal offense; Finally, from the five commercial banks to reduce the risk of infringement occurred made the author's thinking.