银行不当扣收贷款,是指银行没有法律根据,直接将贷款单位依据合同约定所收取的预付货款、定金或委托代购货款扣收,以充抵银行贷款的行为。目前,因银行不当扣收贷款的行为而引起的经济纠纷案件不断出现,并有增多的趋势。及时、正确地处理这类纠纷,关系到正常的经济秩序和国民经济的发展。因此,非常有必要对银行不当扣收贷款的行为性质及承担法律责任的问题进行讨论。本文拟就这个问题谈谈粗浅的看法,以求与大家共同研讨。 近年来,随着我国金融体制的改革,银行已逐步由原来单一的国家货币管理机关,变为既有行政管理职能,又办理信贷,结算业务的企业。银行在办理信贷、结算过程中,对于发放给贷款单位的贷款依法有权扣收,以保护正常的贷款秩序,保证银行信贷资金 Bank loan improperly deducted means that the bank has no legal basis and directly deducts the advance payment, deposit or entrusted purchase money collected by the loan unit according to the contract to charge the bank loan. At present, economic disputes arising from bank loans improperly being discounted continue to appear and increase. Timely and correctly handling such disputes is related to the normal economic order and the development of the national economy. Therefore, it is very necessary to discuss the nature of bank loan improper loan deduction and legal liability. This article intends to talk about the superficial view of this issue in order to discuss with everyone. In recent years, with the reform of China's financial system, banks have gradually changed from a single state monetary authority to an enterprise that has both administrative functions and credit and settlement operations. Banks in the process of handling loans, the settlement process, the loans granted to the lenders have the right to deduct in accordance with the law in order to protect the normal loan order to ensure that bank credit funds