Research On Deposits Of The Legal Nature Of Property Rights And Their Protection

The legal nature of property rights on deposits definition of academic and relevant laws of China have different views and requirements and concluded that it is, property claims, said. These two very different point of view, the former depositors that their money will be deposited into the bank, to obtain the corresponding claim that the repayment of debt, bank depositors to obtain ownership of the funds deposited, this view has been China's "Commercial Bank Law" support. The latter will be their money that depositors after the bank is still entitled to the ownership of capital, banks have the right to use, this view has been China's "Constitution" and "Civil Law" support.In fact, the general distinction between the legal nature of property rights, deposits of no major significance, depositors on time to the bank teller, regardless of depositors claims of ownership or entitlement, bank deposits will be paid to the depositors. But when the bank was declared insolvent due to bankruptcy, to determine the legal nature of deposits on the property rights of particular significance. If that deposit is a debt, then the depositor can only be in accordance with the provisions of bankruptcy law, the estate in the bank to pay the liquidation expenses and wages and labor insurance fees in bankruptcy liquidation and distribution of the estate (called academic To claim that); if that deposit is a title, then the depositor can recover under the insolvency law on the provisions of the right to direct the group from the liquidation to recover deposits (referred to as property scholars say). Not the same as the order of liquidation, depositors can get the deposit and how much money they will get is very different.As the saying goes right to the lesser of two evils, this analysis says that the property has significant flaws, I agree with claims that the point of view, but this view is not perfect, its drawback is that when a bank failure is probably not the real implementation of the depositor claims, so I propose to establish as soon as possible for the legal situation of our country's deposit insurance system to protect the legitimate interests of depositors.This article is divided into five chapters, the first chapter briefly describes the significance of the topic of this article, research purposes, the relevant literature review and possible innovations. The second chapter is mainly to explain the concept and characteristics of deposits, deposits of legal relations subject and object. The third chapter discusses the theory of property rights under the bank and depositor that the main rights and obligations, and property, said the strengths and weaknesses. The fourth chapter discusses the theory claims that under the main bank and depositor rights and obligations, foreign as well as legislation and case study claims that the advantages and disadvantages. The fifth chapter introduces deposit insurance in China's legal system to establish the necessity, the foreign legal system of deposit insurance and feasibility of establishing a deposit insurance in China's legal system path.