Research On Several Legal Problems Of Deposit

Deposit is a kind of action of the currency assets owner, who initiatively deposits his or her currency assets in the bank due to the attraction of the bank interest, the safekeeping of the currency assets or the convenience of circulation and payment. According to the process of deposit action, deposit is a kind of process during which the bank and the client make and execute their contract. As for the nature of this contract, both Continental law system and Anglo-American law system have legal rules and judicial practice. A thorough study of the relative legislation of our country's property protection and finance can tell that there is no clear definition about the nature and content of deposit, what's worse; there is contradiction between different levels' legal rules about the basic problem of deposit ownership. Correctly defining the nature of legal relationship between the bank and the client plays an incomparable role in both confirming the rights and obligations of the parties in the deposit relation and stabilizing as well as effectively running the whole financial order. By introducing and comparing the relative legislations and judicial practices of Continental law system and Anglo-America law system, as well as by analyzing and commenting problems like deposit ownership and nature of deposit contract, this paper tries to draw a clear conclusion about the nature of the legal relationship between the bank and the client. The author shows his personal opinion on the disputes in the present deposit business and makes suggestions on perfecting the legislation of legal relationship between the bank and the client in our country.Besides Introduction and Conclusion, this paper has six parts.Part one Introduction of deposit legal system. It defines the basic conception of deposit legal system, such as, the conception, nature and classification of deposit, and the subject, threshold and expiration of deposit practice, as well as the rights and obligations between the bank and the client.Part two Survey of the legislation of Continental law system and the judicial practice of Anglo-America law system. This part analyzes the relative legal rules of France, Germany and Japan which belong to Continental law system and that of Britain and America which belong to Anglo-America law system. It clearly tells that each country's legislation practices prescribe the deposit ownership belongs to the bank and each country's different understanding of the nature of deposit contract.Part three Research on belonging issue of capital ownership after client depositing. According to the prescription of our country's present laws and rules about the client's deposit capital ownership, this part discusses, from two aspects, that the deposit ownership can only belong to the bank while defect of the ownership belongs to the client, and finally draws a conclusion that deposit ownership should belong to the bank. Meanwhile, it also gives a preliminary study of the exceptional case of deposit belonging to the bank.Part four Research on the legal nature of deposit contract. By analyzing our country's present legal basis about how to deal with deposit conflicts, this part enumerates the representative opinions of our country's theory circle, Continental law system and Anglo-America law system, and through further analyzing and evaluating it comes to the point that the nature of deposit contract should be determined as loan contract.Part five Risk taking of the bank and the client in deposit business. By legally analyzing the risk taking responsibility of the bank and the client, this part puts forward the problems encountered in deposit conflict disposing in the judicial practice.Part six Thought of improving our country's deposit legal system. By analyzing the above theories and practical problems, this part puts forward some suggestions on improving our country's deposit legal system from the aspects of state legislation, industry self-discipline as well as self-management of banking.