Research On Illegal Possession Of Nominee For Deposit

Recently, many nominees for deposit uses deposit certificate to detain others’ property. These cases exist tremendous disputes. There are three specific kinds of illegal possession of nominee for deposit: nominee reports the loss of others’ deposit and collects it; nominee collects others’ deposit; the behavior which people take money from his account, when there exists some mistakes results from machine problem or people ignorance. This paper endeavors to analysis illegal possession of nominee for deposit from following three aspects: the external performance, the nature and the specific analysis. By analyzing different opinions in the judicial practice, define the specific accusation of the behavior this paper referred to.The first chapter introduces the external performance of illegal possession of nominee for deposit. Firstly, several kinds of illegal possession of nominee for deposit is defined. Secondly, the features of behaviors are induced to highlight the unique of these behaviors.In the judicial practice,many cases that illegal possession of nominee for deposit exist a huge controversy. It is usual that there exists dissimilarity verdict in the same kind cases. Firstly, by anglicizing the relationship between unjust enrichment and property crime, we conclude that illegal possession of nominee for deposit can consist of crime. Secondly, we must define illegal possession of nominee for deposit in the range of property crime. Here these behaviors are called in a joint name: illegal possession of nominee for deposit. The blurry about the nature of illegal possession of nominee for deposit is the reason why tremendous dispute exists about the determination of the crime. The key to this problem is to make clear that the possession state of the deposit before the criminal behavior. To study the nature of illegal possession of nominee for deposit in the range of property crime, we must solve the following problems: the determination of illegal possession of deposit in criminal law, the understanding of safekeeping in the crime of embezzlement, and the understanding of the defraud and the secret method. By anglicizing the disputes, we deduce that the key to determine the nature of illegal possession of nominee for deposit. After solving the important problems as referred to, we make following conclusions: the possession of deposit includes the possession of the cash and the possession of the creditor’s rights. The possession of the cash is owned by the bank, the possession of the creditor’s rights is owned by the people that have the exclusive rights to require the bank to pay the cash. When the nominee and the actual deposit is not the same people, we need determine who owns the possession of the creditor’s rights combining with the specific situation.According to the view, nominee reports the loss of others’ deposit and collects it shall be determined as larceny, nominee collect others’ deposit that is kept by nominee shall be determined as embezzlement. The behavior which people take money from his account, when there exists some mistakes results from machine problem or people ignorance, shall be determined as embezzlement.