Commentary by Attorney Jin Bingyi

There exists a deposit contract relationship between depositors and commercial banks. Depositors are consumers of the financial services provided by commercial banks; therefore, the relationship between depositors and commercial banks should be an ordinary relationship between consumers and merchants. While this principle may seem straightforward, in reality, it is not always the case.

Some time ago, amid the controversy over the theft of depositors' funds through online banking services, the author represented several depositors in filing lawsuits against banks. During the litigation, the banks repeatedly emphasized their special subject status, claiming that applying the ordinary consumer-merchant relationship would impose excessive and unfair liability on them. Furthermore, the author learned that when some online banking depositors whose funds were stolen went to the bank to "seek an explanation," the bank even called the police and warned the depositors not to violate the Regulations on Letters and Visits.

The author believes that it is precisely the banks' incorrect subjective positioning that leads them to sometimes confront depositors with such "arrogance," making it difficult for their services to satisfy depositors. To improve banking services, the first step is for banks to放下架子、摆正位置 (put aside their arrogance and摆正 their position). In legal practice, establishing the general applicability of the Consumer Rights Law in such cases will make banks recognize that they are commercial banks, and the depositors they face are equal consumers—their "gods."