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目前,对于银行在借款合同中,因审批不严或其他过错,造成贷款无法及时收回的,银行是否应当承担责任以及如何承担责任,在审判实践中见解纷纭,做法各异。有的人认为,银行是国家的金融管理机关,受国家的特殊保护,即使有错,也不能承担经济责任,只能追究具体责任人员的法律责任,有的人则认为,应根据银行责任的大小,适当减免其利息乃至本金,以示惩罚。笔者认为,这两种观点均有失偏颇。根据我国有关法律、政府的规定和立法精神,此类情况,银行应以其自有资金及利润留成承担经济责任。
At present, banks are not able to take back their loans in time due to lax or other mistakes in their loan contracts. Whether banks should shoulder their responsibilities and how to shoulder their responsibilities has different opinions and practices in trial practice. Some people think that the bank is the country’s financial management organ, subject to the special protection of the state, even if there is a mistake, it can not afford economic responsibility, only to pursue the legal responsibility of specific responsible officers, while others think that should be based on the bank’s responsibility Size, appropriate interest and even the principal relief, to show punishments. In my opinion, both views are biased. According to China’s relevant laws, government regulations and the spirit of legislation, in such cases, banks should retain their economic responsibility for retaining their own funds and profits.