Commentary by Lawyer Jin Bingyi

The relationship between depositors and commercial banks is a deposit contract relationship. Depositors are consumers of the financial services provided by commercial banks. Therefore, the relationship between depositors and commercial banks should be that of ordinary consumers and merchants. This principle may seem simple, but in reality, it is not the case.

Recently, in the incident of depositors' funds being stolen through online banking, the author represented several depositors in suing the banks. In the litigation, the banks repeatedly emphasized their special status, claiming that if the ordinary consumer-merchant relationship were applied, the banks' responsibility would be too heavy and unfair. The author also learned that when some online banking depositors had their funds stolen and went to the bank to "seek an explanation," the bank actually called the police and wanted the depositors not to violate the "Petition Regulations."

The author believes that it is the bank's own erroneous subjective positioning that sometimes causes it to act so "domineeringly" toward depositors, making it difficult for various services to satisfy depositors. To improve banking services, the first step is for banks to let go of their airs and take their proper position. In legal practice, establishing the principle of universal application of the Consumer Protection Law in such cases will help banks recognize that they are commercial banks now, and the depositors they face are consumers equal to them, their "God."