The Study On The Distribution Of Rights And Obligations And The Imputation Principle In Savings Relation

As a kind of civil legal relations, savings features that most rights and obligations of subjects are statutory and formatted, rather than negotiated by subjects. The legal feature is decided by its characteristics. As the "deposits - servicing" behavior makes a natural person from the owner of currency converse to depositors who enjoy the same amount of claims on the savings institutions after the establishment of savings, and with the actual capacity disparities between depositors and savings institution, statutory allocation and a distribution through format contract are taken as the two basic methods of rights and obligations distribution in the savings relations, so as to protect the rights of vulnerable group, safety of basic civil property, and the country's financial order, and to cope with the large-scale savings business. However, the statutory allocation and format contract distribution, which separately represents the state or contract compulsory power, will has its own interests tendency. Therefore, take a single one of the methods to allocate the rights and obligations between savings depositors and institution cannot balance values on justice, order, efficiency and so on. Particularly in the realistic context of the fast-growing economy, the actual disparity in capacity between part of depositors and savings institutions has been greatly reduced. Under the circumstance, it can effectively achieve the goals justice and efficiency to allocate the rights and obligations with traditional methods of autonomy .Therefore, we shall study on the legitimacy and limitations of statutory allocation, contract format distribution and autonomy, and clarify the will of the state, contract and private sector in the distribution of rights and obligations in savings. The study can enhance the foresight of the legislators to achieve the goal of advance prevention for civil disputes, and guide the judges on the application of the law to realize relief afterwards for the weak. Since the main function of civil liability system is the prevention and relief, the civil liability system in the savings relations should be constructed with distribution methods of the rights and obligations, so that they will not deviate the former from to the track of fairness and justice, and make the theoretical study of the latter become the talk of no practical significance. The core of civil liability system is attribution principles, so their internal ties can not simply split rigidly and simplistically.