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8月13日荆楚网消息,杨先生发现网银账户无法登录,遂找到银行询问原因,被告知他上次到银行取钱时,银行柜员多给他400元,由于找不到他,银行只好将他的账户冻结,该行已于近日向杨先生道歉。银行与储户之间是服务与被服务的关系,在法律关系上,储户与银行之间是储蓄存款合同关系,银行对储户的存款有着管理权,但没有冻结权。根据中国人民银行2002年1月15日发布的《金融机构协助查询、冻结、扣划工作管理规定》,有权查询、冻结、扣划单位、个人存款的执法机关为人民法院、税务机关、海关、人民检察院、公安机关、国家安全机关、军队保卫部门、监狱和走私犯罪侦查机关。所以,银行擅自冻结储户账户是违法行为。
August 13 Jingchu network news, Mr. Yang found that online banking account can not log in, then find the bank asked the reason, was told him to withdraw money from the bank last time, the bank teller to give him 400 yuan more, because he could not find the bank had better Freeze his account, the bank has recently apologized to Mr. Yang. Between banks and savers is the relationship between service and service. In terms of legal relations, there is a contractual relationship between savers and savers. The banks have the right of management over the savers’ deposits but have no right of freezing. According to the Provisions on the Administration of Inquiry, Freezing and Deducting by Financial Institutions promulgated by the People’s Bank of China on January 15, 2002, the law enforcement agencies that have the power to query, freeze, deduct units and deposits from individuals are the people’s courts, tax authorities, and customs , People’s Procuratorate, public security organs, state security agencies, army security departments, prisons and smuggling criminal investigation agencies. Therefore, it is illegal for a bank to freeze a depositor’s account without authorization.