Bank of China CITIC Bank sub-branch should be retreated

Bank of China CITIC Bank sub-branch should be retreated
Recently, talk show actor Wang Yuechi has a dispute with his employer, Xiaoguo Culture Company.In the early hours of May 7th, China CITIC Bank responded and apologized on the official Weibo about “talking show actor Chi Zi reporting his alleged authorization to provide personal water to third parties.”China CITIC Bank stated that employees of China CITIC Bank did not strictly follow the regulations and provided Shanghai Yueguo Culture Media Co., Ltd. with a collection record of Wang Yuechi (stage name “Chizi”).CITIC Bank has supplemented disciplinary measures against relevant employees in accordance with the rules of the system, and replaced the head of the sub-branch in order to replace and resign.To be honest, I did n’t know the artist before, and I did n’t care about the related troubles, but on the 6th Wang Yuechi accused his bank, CITIC Bank, of providing his bank account transaction details (commonly known as “flowing water”) to Guoguo Company, But it deserves our attention, because this kind of thing can happen to each of us.Because these behaviors are not difficult to operate, and the same happens when they are copied in other situations, we also need this kind of practice model to think about a universal way of prevention.According to reports, Xiaoguo Company criticized Wang Yuechi for signing a contract with the company, and then participated in commercial performances of other companies.It is believed that the company ‘s meaning may be that the income of the artists during the signing period is the improper income generated by the breach of contract, and therefore there is a correlation with the company ‘s interests, so it is trying to use the relevant income details of the artists to call their ownRight, even want to follow the agreement to collect such income to the company.Since I did n’t see the contract between the two, I do n’t want to judge their merits here.What exactly needs an expert here is that even if the company has a firm substantive right to sign an artist ‘s extra income according to the contract, the company will never have the procedural right to obtain the artist ‘s account details.Usually, even if the company suffers a dumb loss because it can’t see the artist’s account, then it has to suffer.And if the company does not have such substantive rights, then it has no right to spy on the flow of others.In practice, company employees or collaborators usually open accounts in designated banks according to company requirements. Sometimes, the company will open bank accounts for new employees in batches.This designated bank is generally also the bank where the company’s own basic account is located. It is also more convenient for the company to pay salaries through transfers.However, even a bank account that the company “opens” on the basis of the personal identification information provided by the employee is also the employee ‘s own real-name private account.The company has no right to know other information in the account except for sharing direct financial transactions such as monthly salary releases with employees.Account information is a type of personal privacy and was originally strictly protected under the highest laws.The Commercial Bank Law (revised in 2003) stipulates: “Commercial banks can handle personal savings and deposit business through the principles of accumulation, free withdrawal, interest-bearing deposits, and confidentiality for depositors.With regard to personal savings deposits, commercial banks have the right to refuse any unit or individual to inquire, freeze, deduct, unless otherwise provided by law.”The so-called laws provide otherwise, and refer to specific and specific laws that specifically authorize the public security, national security, procuratorates, securities regulators, banking and insurance regulators and other national agencies for account inquiry activities required for administrative enforcement, criminal investigation and other judicial activities (such as(Article 144 of the Criminal Procedure Law, Article 170 of the Securities Law).In fact, public authorities can’t pretend that they are public welfare, so they can check the accounts of others.As for civil disputes, the nature of civil litigation is just the conflict of private interests.Since a lawsuit is being sought, it is normal to want to check the other party’s information, but if you can’t find it, you won’t be able to find it.It is illegal for the company to be a big customer by itself, so it is illegal to ask the bank to provide the account information of others.It is illegal for the company to directly manage an employee of the bank and have personal operations to print out the account information of others.If the bank has such behavior, according to the “Commercial Banking Law”, it shall be liable for the possible loss of the account opener, and the banking regulatory agency should also order the corresponding bank to correct it.If the illegal income or the illegal income is less than 5 million, a score of 5 million to 500,000 yuan shall be imposed.Of course, the bank should also punish the person directly responsible.It is also worth discussing that in some places, according to the flexible interpretation of Article 94 of the Judicial Interpretation of Civil Litigation (which triggers “other evidence that cannot be collected for objective reasons”), allowing lawyers to investigate the other party ‘s bank account with an investigation order is actually a practiceIt ‘s not good.As mentioned earlier, the essence of civil lawsuits is confrontation, which is the “legal truth” proved by sufficient evidence to judge the victory and defeat, and it is impossible to pursue “objective truth” without paying a price.This Pandora’s box cannot be opened.If the company suspects that the contracted artist has external income, the investigation order will be used to check his bank account. If it is not found, can he ask to check his parents’ account?Can you ask to check his spouse’s account?Can’t find it, can I ask to check the accounts of his friends and family?Yi Hudi!In general, under the background that certain personal information has been severely stolen by various people, Wang Yuechi’s account details have attracted attention, which is a good thing, indicating that we still have a major bottom line that we are willing to defend together.We also look forward to the opportunity of the banking and banking regulatory departments to at least tighten the fence of account details.Miao Yinzhi (Economic Law Scholar) Editor Chen Liyue Cai Zhou proofreading Liu Yue