Can a transfer record for more than three years be prosecuted
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In our daily lives, we often carry out money transactions, records of which are kept by banks. However, if money transactions involved legal disputes, would the length of time they were kept affect the outcome of the case? The issue will be analysed from a legal, banking and other perspective。
Can a transfer record for more than three years be prosecuted
Legal perspective
Under the terms of our Law on Contracts, the limitation period for contracts is two years, that is to say, if a debt is raised in connection with a contractual dispute, it is not protected by law from reaching a judgement in court for more than two years. However, in the case of disputes of the type of transfer record, the relevant statute of limitations period is three years and is also based on the provisions of the Contract Law of the People ' s Republic of China. As a result, transfer records for more than three years are not legally effective。
In criminal proceedings, we know that the Criminal Code provides for a statute of limitations period for different offences, such as ordinary fraud offences with a time limit of 7 years, illegal possession offences with a time limit of 15 years, etc. Therefore, where such criminal proceedings are involved because of a transfer transaction, a case-by-case analysis is required. In general, from a legal point of view, the time factor requires a case-by-case analysis。
II. The banking perspective
Banks have detailed records of their transactions, which are generally kept in the bank ' s system and kept for a certain period of time. Different bank records are kept at different times, but transfer records for more than three years may be removed or archived. Of course, when time limits are exceeded, they are not immediately deleted, and there is generally some retention of redundant data to ensure the audit needs of the relevant departments. If the bank has cleared the transfer records for more than three years, there is no legal or evidentiary effect。
Other perspectives
In a modern society, various types of electronic payments have been mainstreamed and have also brought greater ease. However, one feature of this form of payment is that, over time, the data paid may be lost, damaged or modified, or may raise security issues such as data disclosure. Therefore, where legal disputes may be involved, it is recommended that the user keep a record of important transactions as soon as possible。
In conclusion, transfer records for more than three years are not legally effective, nor are they kept by banks to ensure the privacy of users. However, for some important transaction records, it is recommended that the user keep a copy on its own, in case of need。
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