Research On The Civil Responsibility Of The Unauthorized Deposits

Savings contract dispute is a usual contract dispute in judicial practice,and unauth orized deposit or fraud receiving deposit is typical and debatable in savings contract dispute cases. Because of a lack in stipulation of relevant law in China, it increass the difficulties in handling these cases and the verdict about them are different.The core of dealing with cases is division of responsibility.Hereb,the value of article is based on protection of depositor profit in priority.Following the caseof ‘LIU XMING V. Liupanshui branch of ABC for unauthorized deposits,the article discusses the ci vil responsibility confi-rmation of unauthorized deposit.In the first part of this paper, we briefly introduce the case of ‘LIU X MING V. Liupanshui branch of ABC Case and the judgment of the two level court.In the second part, the paper analyzes the nature of the savings contract, and introduces the three main viewpoints in our country and different legal system countries, namely, the consumption of the contract, the consumption loan contract, the mixed contract, and the reasons for the nature of the savings contract.Then, the ownership of the deposit is analyzed, combined with our country and the Civil law system, the Common law system to the deposit ownership, to conclude the point of view of the ownership of the deposit belongs to the bank.The third part analyzes the rights and obligations of the parties to the savings contract, which mainly defines the main contract obligations and the obligations of the parties, so as to expand the discussion on the nature and the principle of liability fixation in the follow-up.The fourth part discusses the legal nature of the deposit, the principle of liability and the exemption reasons. The author first makes a distinction between the liability of breach of contract and tort liability. Secondly, the author discusses the main obligation of contract and the principle of liability. At last, the author discusses the conditions of the application of the bank's liability in the case of the exemption.The fifth part of the paper discusses the legal relationship and responsibility burden of proof as also as liability for breach of contract in this case,which bases on the relevant legal issues of the savings contract,the main responsibility of the case, and to conclude that the bank should bear the main responsibility.Last, basis on the status of relevant legislation of China, the writer presents some improvement suggestion of corresponding law regulations, which provides reference to judic ature practice work.