The State Intervention In Contract Deposits

Compared with the general civil contract, the largest special nature of the deposit contract is the degree of autonomy between the two sides of party has been greatly weakened. Many content areas of deposit contract have been restricted, such as the deposits of the main body and content, and not as a civil contract that both sides are free and equal to consult the contents of the contract, a lot of issues of the deposit contract have been designated a requirement or a certain areas by state in advance. Autonomy should be the core and essence of the Civil law and contract, particularly in the areas of the classical concept of law, that law is a tool for the implementation of the agreement of the parties, the contract should take precedence over the law. However, in deposit contract, it is clear that the state's will in some ways replaces the will of the parties; state's will take precedence over the will of the parties. In addition to the functions of modern society, the evolution of the country, the using of state's economic means to regulate, the reason for taking the state to intervene in the contract is the deposit contract itself has a very special nature of the relationship. Bank operations with high debt, the financial sector with high-risk nature, and the subject of the contract - the special nature of the currency, the country must be concerned about this contract.The rate control system is the most representative of reflecting the state's intervention in contract deposits. As the price of the contract deposit, rate is the most important contents of the contract, both sides of the contract is mainly to consult the price of transactions, but as interest rates, it's level is carried out by the State . Although the market-oriented interest rate trend is clearly, the state's control over interest rates also has changed from directing control into the indirect control, but the state's control of interest rates will not be fully liberalized, the fact that . state-controlled interest rates will not change. Interest rates have the close ties with economy make the state to reservations the right to control interest rates. Second, the unit of deposit's principles such as the principle of mandatory deposit, restrictions on expenditures principle and the principle of the use of oversight is mandatory restrictions to a deposit agreement, which becomes another outstanding performance of state intervention into deposits contract. Third, the state regulates units or individuals in financial institutions to open deposit accounts for deposit-taking business should show his legal identity document, to use the real names, and financial institutions have to check in accordance with the provisions, no one shall be arbitrarily used a false name, that is the real-name financial system, which is also the state's an important performance intervention in the contract deposit.Although the state intervention in contract deposits do not necessarily interfere with the performance of only a few regards, it makes us see clearly that the "state intervention hands" authenticity use in the field of liberalization, the validity of the contract deposits has been represented all about here. On this basis, we find reasonable and unreasonable interference, and thus are conducive to safeguarding the interests of depositors and maintaining financial stability.