Study On The Civil Liability Of Fraudulently Receiving Savings Deposit

Savings deposit contract is one kind of quite common contract dispute in judicial practice. Because of no specific provisions for deposits in our , it makes the application of law of the kind of case become difficult, among which the confirmation of responsibility caused by fraudulently receiving savings deposit is the most dispute and typical. The article intends to study on the civil liability of fraudulently receiving savings deposit.It is the main cause that makes the kind of case that depositors were received fraudulently, and that is direct impact with civil responsibility caused by this. From the causes that deposit was fraudulently received, we can classify the behavior of fraudulently receiving as 2 parts: information forging documents to the use of real deposits Depositors, depositors' use of real deposits and certificates of deposit information, improper use of deposits accepted Depositors and so on. On the basis of this, we can find that the disputes caused by this are diversity, the dual nature of the legal relationship, procedure overlapping, coincidence causal link and so on, which shows that the responsibility caused by this is more complicated.The purpose of study is to determine the civil responsibility. The author utilizes comprehensively these factors: the methodology to measure interest, contract general principle and theory of liabilities for breach of contract. Then, the author systematically explores these aspects: values of confirmation about responsibility of disputes caused by fraudulently receiving savings deposit, the nature of the contract savings, doctrine of liability fixation, constitute responsibility, competing responsibilities, responsible manner and so on. At the mean time, the author set the rule of giving priority to the protection of depositors and explains the nature of deposit contract expense lends money, doctrine of liability fixation and analyses the only constitution important document of responsibility of breaking a contract and there are not the problem which the responsibility competes gather about fraudulently receiving savings deposit. On these bases, the author exposes the responsibility recognized after fraudulently receiving savings deposit, which is financial institutions should undertake the responsibility of breaking a contract if it refuse to pay deposits, on the contrary, we should decrease or immune their responsibilities if depositors have mistakes also.At last, the mechanism finds it difficult to avoid civil action procedures the author empirically analyses from the perspective expounded and explains that this kind of case should be regarded as a contract dispute rather than infringement dispute case. The person who fraudulently receiving savings deposit and financial institutions that give payment at different places should not regard as subject of the right of action, and then the author defines the related condition about "mix of Criminal and Civil Law", "first criminal law and after civil law" and stopping tries in order to iron out differences of adjudicating timely and effective.