一、从《借款合同条例》第二十一条的规定看:“借款合同发生纠纷时,当事人双方应及时协商解决。协商不成时,任何一方均可向合同管理机关申请调解、仲裁,也可以依法直接向人民法院起诉。”但从审判实践看,有时银行却利用其行业管理之便,强行直接从担保方开户账号中扣收担保方存款,这种行为实际上是违法的。因为从法律角度上讲,银行与借款方之间存在因 I. According to Article 21 of the Regulations on Loan Contracts, “When a dispute arises in a loan contract, both parties shall promptly negotiate and resolve the case, and when the negotiation fails, either party may apply to the contract authority for mediation or arbitration, or may According to the law directly to the people’s court prosecution. ”However, judging from the trial practice, sometimes the bank has taken advantage of its industry management, forcibly deducted from the guarantor to open the account deposit account guarantor deposit, this act is actually illegal. Because from the legal point of view, there is a reason between the bank and the borrower