The Research On Legal Nature Of Deposit Receipt

Nowadays, the bank has already become an indispensable part of social life. The credit of bank is supporting the operation of the whole social economy to some extent. Setting-up the legal system of deposit receipt, not only concerns the interests of depositors, also concerns the stability of society. The deposit receipt can circulate lying in its highly credit, which is the real right evidence that the bank opens. The bank has higher solvency. The transfer and hypothecate of the deposit receipt is the broadly-defined circulate. The deposit receipt has rich financial resources and credit to support and has certain public trust. The banks are under the supervision of the government. They must deposit the fund capital reserve in certain proportion. The government in order to stabilize the society have supported that deposit receipt are cashed on time.The deposit receipt is the certificate that the bank has received the deposit. The deposit receipt is the marketable securities of real right with certain circulation. The legal nature of deposit receipt has different views. Some think that deposit receipt is the credit document and the relation between the depositor and bank is the debtor-creditor. Others think that deposit receipt is the document of title and is real right legal relation. Comparing two kinds of views, the real right nature reflects the legal essence. The ownership right of deposit receipt is produced by laws directly. The deposit receipt has physique regular and relatively confirmed value and is contract of real right. The realization of deposit receipt right reflects the real right nature. The deposit receipt is the stipulate of depositor's monetary proprietary. To confirm real right nature of deposit receipt, is to confirm depositor ownership and the occupy right and right to use savings fund of bank . Corresponding obligation, can protect the depositor's interests, can also protect the right of the financial institution of accepting the deposit receipt, thus favorable to the reasonable distribution and use of the fund , which also is favorable to the development of the finance and economy.