Study On Legal Issues In Deposit Receipt Conflicts

Following the development of the economy, there have appeared a greatnumber of cases involving Deposit Receipt Conflicts, but the legislation onthese in China is only confined to the Contract Law, the Guaranty Law, theBank Law, the Saving Deposit Ordinance, the Supreme Court SeveralRegulations on Trial of Deposit Receipt Conflicts Cases, which are disorderlylegal documents rather than authoritative legal system. Therefore, it isacademically and practically valuable to strengthen legal study on DepositReceipt Conflicts so as to regulate our financial market and promote depositbehavior legalized and handle some difficult legal issues involved.In the first chapter, the author briefly analyzes the concept, nature,attributes and effectiveness of deposit receipt. Deposit receipt are writtenreceipts the depositors get from the depositing institutions when they storemoney, so deposit receipts belong to one kind of contract due to depositing inwhich depositors and financial institutions are two parties of the contract.Attributes of deposit receipts express as good credit, profit, flexibility andformality. The effectiveness depends on the consistency between theexternal requirement and the substantial requirement.In the second chapter, the author mainly introduces the rights and dutiesinvolved in deposit receipts, which refer to the contract relationship due tobehavior of depositing. Depositing contracts are double-duty contracts, inwhich rights and duties are matching, for instance, rights of depositors areduties of the depositing institutions'. The deposit receipt owners enjoyrights of drawing both principal and interest, claiming to report the loss,claiming to keep secret and making pledge or alienation, etc, while they haveto follow the due procedure to draw large sum of money and tell code.In the third chapter, the author analyzes the category of deposit receiptflaws and consequent conflict cases with typical cases. Deposit receipts arewritten holder of the depositing contract relationship, so only when thedeposit receipts are valid, can certain rights and duties exit. Whetherdeposit receipts are real or not depends on existence of depositing contractrelationship. In practice, deposit receipts and depositing relationship maybe separated or abnormal, which we call deposit receipt flaw. There are twokinds of flaws, namely, the essential flaw of deposit receipts and thesuperficial flaw of deposit receipts. The former is due to one party's forging,altering, miswriting, and misimpression as the form, seal and written itemsdifferent from the real one, and results in direct failure of claiming rights tothe financial institutions; the latter refers to mistakes of written interest rates,wrong written date and wrong written names, etc, which are often caused byfaults of the financial institution staffs or depositors, and will not affect rightsrealization, under which the receipt holder can be recognized as the legalholder if he or she can prove by other means.The forth chapter is the focus of the essay, the author studies thehandling methods of the deposit receipt conflict cases, which concentrate ondeposit receipts as main proof, in which when some units or individualsclaim principal and interest to financial institutions with deposit receipts, thefinancial institutions deny total or part of the principal and interest withexcuses of lack of real establishment of depositing relationship, miswrittenreceipts, abnormal deposit, etc. The Contract Law, the Guaranty Law, theBank Law, the Saving Deposit Ordinance, the Supreme Court SeveralRegulations on Trial of Deposit Receipt Conflicts Cases are what the courtemploy to solve these cases, and follow the doctrines of free will, fairness,equity and sincerity when exact regulations don't exist.Whether there is real depositing behavior is the first thing to settle whenhandling common deposit cases, so the expressions of depositors andfinancial institutions have to be examined. From depositors'point of view,we are to find whether the depositing expression and payment existed; forfinancial institution, whether receiving or absorbing deposit existed. Thedoctrine of fault is applied with deposit receipt cases, namely, whether faultexists is to be reviewed. On finding liabilities, whether damages happenand the existence of cause and effect relationship between fault and damagesare to be recognized.When dealing with debit and credit cases in form of deposit receipts, wefind financial institutions are responsible for the deposit receipts issued byinstitution staff if the debit and credit behavior exist even if there is flaw withthe deposit receipt.When handling of trust loan cases in form of deposit receipts, we findthe deposit receipt can't be employed as proof to deny the establishment oftrust loan relationship, only if valid contract relationship among investor,invested and financial institution are recognized. If the issuing of depositreceipts can be proven for guarantee purpose, financial institutions shouldjointly bear repayment duty with the invested, even if the investor andfinancial institutions have formed trust loan relationship.Counterfeited draw cases are those conflicts happening when before thedeposit at term, someone rather than the depositor draw the money out withfeigned ID card or other legal document, and when the legal depositor claimsand is denied by financial institution. The author thinks financial...