First, the reason why the bank card is frozen
In fact, in our daily understanding of "freezing", there are two situations: one is freezing caused by judicial or law enforcement, and the other is freezing caused by violation of banking regulations.
The freezing caused by judicial or law enforcement is mainly due to three reasons: suspected criminal offence, administrative coercion or civil litigation. First of all, the procuratorate and public security organs can freeze criminal suspects suspected of criminal offences according to the criminal procedure law; Secondly, the basis for freezing by public security organs, tax authorities and other administrative organs is the Administrative Enforcement Law. Finally, civil litigation is based on the Civil Procedure Law. Before the prosecution, during the litigation or entering the execution stage, the court may, according to its functions and powers or the application of the parties, preserve the litigation and freeze the relevant property.
Be frozen for violating bank regulations. Mainly based on the agreement between banks and customers and related laws and regulations. First of all, what we need to know is the relationship between banks and customers, which belongs to the contractual relationship between equal civil subjects. Therefore, banks have the right to refuse to provide customers with services such as deposits and transfers. And usually when we open an account in a bank, the "Don't Watch Series" we sign often contains similar statements from the bank and the customer, such as "If the customer violates the law, he can suspend the service or cancel the account". Then, according to the Notice on Preventing the Risk of Bitcoin and the Announcement on Preventing the Risk of Token Issuance Financing, "financial institutions and non-bank payment institutions may not directly or indirectly provide products or services such as account opening, registration, trading, clearing and settlement for token issuance financing and' virtual currency'." Therefore, when customers conduct virtual currency transactions, banks do have the right to freeze customers' accounts.
2. How to unfreeze frozen bank accounts or WeChat and Alipay accounts?
After analyzing the reason why the account was frozen, we naturally came up with a way to unfreeze it.
1. If it is frozen due to violation of bank regulations. I'm sorry to tell you that it can only be unfrozen through bank declaration. The specific declaration methods are different from bank to bank, and it may not be able to resume normal use after declaration. But at least one thing is certain, the deposits in the bank can still be withdrawn. If the bank refuses to take it out, it can also sue the bank for this. Because the relationship between banks and customers is not only a service relationship, but also a creditor-debtor relationship. Just because the bank doesn't provide services doesn't mean that it can eliminate its debts to you.
2. If the account is frozen by administrative compulsory measures due to administrative violations, the account can naturally be unfrozen as long as it is proved that there is no administrative violation or the administrative organ has finished the punishment.
3. If the preservation of civil proceedings is frozen, it can be unfrozen as long as a guarantee is provided, or after the end of civil proceedings or the completion of civil obligations. Of course, if the court decides that we are not responsible, we can also ask the other party for some damages.
4. If you are frozen because you are suspected of a criminal offence, it will be more troublesome. In criminal cases, due to time constraints, in order to protect the property safety of the victims. It is difficult for public security organs to distinguish whether a series of transactions are legal or transferred by criminal suspects. Therefore, public security organs often think of freezing all accounts in the fund transfer chain at the first time.
The simplest and most effective way to freeze a suspected criminal offence is to provide the case-handling unit with documents proving the legality of the transaction, such as providing evidence such as contracts, invoices, delivery of goods or services. In short, try to make the materials complete enough to prove the legitimacy of the transaction. But for a large part of people, there is either no such certificate to prove the existence of legal transactions, such as the buyer and seller have no contract or invoice, or the buyer comes to pick up the goods and the money and goods are paid off; Or, because the transactions behind the collection are not supported by the state: such as money laundering, private exchange of foreign exchange, online gambling, cash withdrawal, etc. It is difficult to defend the rights of transactions that these countries do not support.
As for the transaction of virtual currency, there are no contracts and invoices, but at most there are records of currency transfer. However, these records are just a series of figures. Where can the public security organs understand them? Even if the transaction volume is large, it will be considered that there are illegal acts such as money laundering. Therefore, if the transaction of virtual currency is frozen, it is necessary not only to provide relevant evidence to the public security organs as much as possible, but also to let the public security organs understand the legal nature of virtual currency transactions from a legal perspective. In view of the legal nature of virtual currency transactions, that is, why virtual currency transactions are legal, if you are interested, Mr. Guo will analyze them later.