CITIC Bank Talk Show Jokes

Editor? Xingyun

There are so many moths in the bank recently.

There is a crude oil treasure incident in China Bank, which makes investors not only lose their principal, but also pay a large sum of money to the bank; The exposure of CITIC Bank's personal account in the back foot has become the focus of the cultural contradiction between the talk show actor and his agency.

The crude oil treasure incident involved only over 60,000 investors. If the bank flow is not strictly controlled, it will involve you, me and others who eat melons.

This wave of operation really tore open the internal control problems of banks and made customers lose confidence. At present, the Shanghai Banking Insurance Regulatory Bureau has been involved in the investigation.

0 1

The supporting role becomes the protagonist.

In the termination war between Chizi and Laughter Culture, CITIC Bank was the first to fall.

The "one beat and two scattered" of Chizi and Xiaoguo culture was originally just an example of the contract contradiction between many artists and brokerage companies. However, when Chizi found his account in CITIC Bank in the materials sent by Laughter Culture, things changed.

The protagonist who eats melons has also become CITIC Bank.

According to Chizi, in order to "meet the requirements of big customers", CITIC Bank provided personal account details to Xiaoguo Culture without my request and permission.

Although Xiaoguo Cultural Revenge Pool participates in commercial activities without permission and entrusts lawyers to handle economic disputes between the two sides, legal acts such as property preservation, arbitration and evidence collection are all carried out under the framework of laws and contracts.

However, the response given by CITIC Bank in the early morning of May 7 admitted its illegal behavior. Laughter culture did contact the account opening branch (Hongkou branch) and asked it to provide the record of paying labor wages for Chizi. Bank employees did not provide the collection records of the pool in strict accordance with the regulations.

CITIC Bank punished the relevant employees, removed the post of branch president, and made a solemn apology to Chizi.

However, this matter is not over yet. This wave of operation of CITIC Bank shows the lower limit. In order to serve big customers well and disclose the transaction details of customers' personal accounts in violation of regulations, are ordinary people basically equal to "streaking"?

In banks, big customers are basically "God". The account manager of a bank told the market that due to the pressure of performance, there will be more or less customer grabbing behavior between branches of the bank, and large customers will naturally have their own advantages.

In April 2065438+2009, after the second round of financing was completed, Smile Culture added two new shareholders, and the registered capital increased from 1835400 yuan to 1892 1000 yuan. At that time, the media reported that the new valuation of Laughter Culture was about 3 billion, and it was a real "big customer".

A bank staff member analyzed the market boundary and said that the running water was played by the counter. Big customers should look for someone at the level of president to check the running water, and the president should look for a teller to operate it. Tellers can choose to agree or refuse, which depends on personal choice, but there is likely to be pressure after refusal.

According to the quotation, the teller can actually check the customer's flow direction in the system only according to the other party's name and ID number, leaving no trace (each banking system may be different). If the inquiry is out of personal relationship, this behavior is strictly non-compliant, but it is unlikely to go wrong, which is regarded as the "default rule" by the industry.

The above-mentioned bank staff analyzed that "once printed, the nature will be different, let alone stamped with the official seal".

According to the contradiction between the two parties, Laughter Culture requires CITIC Bank to extract the bank flow of Chizi, which proves that Chizi has participated in other Shang Yan and got paid with great probability, or that it has paid the performance remuneration to Chizi in full.

But no matter what the purpose is, a key question is, can the bank flow obtained through this illegal way be used as evidence of laughing gas culture in economic disputes?

A practicing lawyer told the city that it is rare in China that the evidence is invalid directly because of problems in the process of obtaining evidence, which belongs to the practice of procedural justice. Criminal cases in Europe and America pay more attention to it, while at present, China pays more attention to the fairness of the result. As long as this evidence helps to find out the facts, it will generally not be considered invalid.

The executive judge of the executive court of an intermediate people's court of a city said that the court will also investigate and confirm according to the materials. If the materials are true, they will have probative force and can be used as evidence, but the issuing bank (bank) will be punished.

02

This is not the first time.

It is not the first time for CITIC Bank to disclose customer information, nor is it new in China.

Li Yanhong once said, "China people are willing to exchange privacy for convenience in most cases, and they can collect data with the permission of users".

Because this sentence offended the public, he was scolded with dog blood, but it was only scolded, because customers were like meat on the chopping board to the company.

This is the business environment in which we live. Compared with the benefits obtained by the company through the sale of customer information, customer privacy is nine Niu Yi points, which is not worth mentioning at all.

Chizi has 4 million fans and can expose CITIC Bank's behavior of leaking customer information to please big customers on Weibo, but most ordinary people don't even know that the information has been leaked, let alone defend their rights.

In fact, the CBRC and the central bank have been strictly restraining banks from leaking customer information, and once banks violate the rules, they will be punished.

A document issued by China CITIC Bank shows that in April 2065438, there were more than 15438+0, and in August 20 17, there were more than 3/kloc-0. In the past three years, more than 150 cases of administrative penalties were imposed on subsidiaries and branches of CITIC Bank, with a cumulative fine of 65,438.

Some of these penalties are due to the disclosure of customer information.

20 14 Shijiazhuang Sub-branch of China CITIC Bank was fined 60,000 yuan for failing to obtain the written authorization of the information subject as required for inquiring about the credit report of the affiliated enterprise of the customer. It is exactly the same as the operation of querying the running water of the pool bank this time.

Although it was punished, CITIC Bank did not learn from it. After that, Shijiazhuang Sub-branch, Taiyuan Sub-branch, Tianjin Sub-branch and Xiamen Sub-branch were all fined 50,000 yuan each.

It is impossible for banks not to know that it is illegal to disclose customer information, but they still have the motivation to commit crimes against the wind. A fine of 50 thousand yuan is probably nothing compared with winning hundreds of millions of deposits from big customers.

In addition to disclosing personal or company information, CITIC Bank was fined for many other violations.

In February 2020, Beijing Banking Insurance Regulatory Bureau issued a fine of 20.2 million yuan to CITIC Bank. The reasons include misappropriating circulating credit funds to real estate development enterprises, misappropriating personal business loan funds to purchase houses, and providing illegal financing for real estate enterprises to pay land purchase fees.

Under the policy of keeping houses and not speculating, banks try to provide financing for real estate enterprises, and they do not hesitate to operate illegally, but they still cannot do without the word profit.

Wind data shows that CITIC Bank has been in a relatively stable growth state in recent years, especially in the past 20 19. The income and net profit of CITIC Bank were1875.84 million yuan and 480150,000 yuan respectively, with year-on-year growth rates of 13.79% and 7.87% respectively.

Compared with the five major banks, the revenue scale of CITIC Bank in 20 19 is about15 of that of ICBC, which ranks first, but the growth rate has exceeded the five major banks.

After this wave of operation, I don't know whether the trust crisis of CITIC Bank can bring back performance.

03

The road to individual rights protection is difficult.

Lawyer Ding of Guangdong Law Firm told the city that "CITIC Bank's behavior has constituted a crime of infringing personal information, and it can also be investigated for CITIC Bank's civil liability for infringing privacy and the liability for violating the Savings and Deposit Contract, and seek compensation".

Ding believes that the best way to safeguard rights is to directly take CITIC Bank to court to safeguard its own rights and interests.

If Chizi investigates the criminal responsibility of CITIC Bank and, in accordance with Article 253 of the Criminal Law, sells or provides citizens' personal information to others in violation of relevant state regulations, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Whoever, in violation of the relevant provisions of the state, sells or provides others with personal information of citizens obtained in the course of performing their duties or providing services shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

In the United States, similar cases are usually completed in the form of class actions. 20180,000,000 Hao Group's 500 million customer information leaked. A few hours later, customers filed a class action lawsuit against Marriott Hotel, claiming $ 125 billion, and each affected customer got $25.

Class actions allow companies that leak information to compensate all victims, so the compensation amount is usually large, which will attract lawyers to actively participate. At present, China does not have the same class action system as the United States, but it has established similar class action and representative action systems.

At present, a better way is to file a public interest lawsuit against the company that leaked information through consumer protection organizations, administrative organs and procuratorates.

The first personal information public interest lawsuit in China is a consumer civil public interest lawsuit filed by Jiangsu Consumer Rights Protection Committee against Beijing Baidu Netcom Technology Co., Ltd. for allegedly illegally obtaining consumer personal information and related issues.

20 18, 1 June, Nanjing Intermediate People's Court officially put on file. However, two months later, in view of Baidu's rectification of App, Jiangsu Consumer Protection Committee will apply for withdrawal of the lawsuit.

On the issue of information disclosure, the compensation for individual rights protection is not directly proportional to the litigation energy invested, which leads most people to choose patience.

However, banking relies on trust. Based on trust, the customer will keep all savings, transaction information and identity information in the bank. The wretched operation of CITIC Bank is making this trust disappear.