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银行员工充当资金掮客,其法律性质、影响力和危害性比一般掮客复杂得多在信贷规模趋紧的背景下,资金需求旺盛刺激民间借贷市场繁荣,个别银行员工在高利诱惑下充当资金掮客殃及银行遭受索赔的案例时有发生。银监会曾专门下发了银行员工涉及社会融资行为风险提示并纳入案件防控体系。本文从合同法入手,剖析银行员工充当资金掮客的表见代理特征,并提出相关风险防范建议。
Due to the legal nature, influence and dangers of bank employees are much more complex than ordinary clients, under the background of tight credit scale, the strong demand for funds has stimulated the prosperity of the private lending market and individual bank employees have been serving as a catalyst for clients’ And bank claims have occurred from time to time. China Banking Regulatory Commission has issued a special bank employees involved in social financing behavior risk tips and incorporated into the case prevention and control system. This article starts with the law of contract, analyzes the characteristics of the table agent of the bank employee acting as the financial customer, and puts forward the relevant risk prevention suggestions.