A Study On Yanmou 's Crime

The account name removed his name to others is a kind of temporary deposit related to the depositor,account real celebrities,bank three party property violation behavior. Because the criminal legislation of our country,for the real celebrities such withdrawals behavior is not clearly defined,so how to evaluate the properties of withdrawal behavior,caused extensive discussion of the judicial practice and theory. It is more difficult. In this paper,to study the main line Yan a theft case,according to the theory of innocence,theft,fraud and embezzlement said that carries on the induction analysis,theory research and the case involved. Problems of possession and ownership of deposits is the starting point on the nature of the case,the criminal law on the legal nature of deposit contract and civil law should be consistent,which belongs to the contract. In the basis of the legal nature of deposit contract,the deposit should be understood from the meaning of the two levels of cash on deposit and deposit claims, according to the bank for the possession of deposit credit point of view,belongs to the account real celebrity possession and all cash,deposits belonging to the bank. According to the relevant judicial usurpation of crime of our country,and draw on the provisions of criminal law,the deposit claims the property interests,should belong to "property in criminal law". On the basis of clarifying these theoretical problems,the crime of theft(indirect),the distinction between fraud,embezzlement charges of these traditions,the qualitative behavior by Yan, including celebrities take their name other temporary deposit payment behavior should be characterized as embezzlement and theft,not.