The Research On Deposit Possession

To analyze deposit possession issue,legal nature of deposit and the ownership of deposit possession must be clarified.In terms of the nature of deposit,some scholars claim that deposit has two meanings:deposit credit and deposit cash.Yet,at the same time they only consider the possession of deposit cash on the issue of deposit possession.When it comes to possession in criminal law,on the one hand,criminal scholars emphasize the independence of criminal law and claim that possession in criminal law is more factual than it in civil law and ideological possession in civil law should be excluded.On the other hand,a new concept-legal possession is proposed which expanses the type of possession and eliminates the difference between criminal law and civil law.The understanding mentioned above is contrary to the unity principle of the legal order and the principle of independence of criminal law advocated by scholars.In consideration of the contradictory phenomenon,this article will analyze deposit possession issue based on the unity principle of the legal order using comparative analysis approach,historical analysis approach and logical analysis approach to provide guidance to judicial practice.In addition to the introduction,this article is divided into four chapters.In the introduction,this article summarizes the crux of the problem and gives a brief explanation about research contents and methods based on the introduction of the relevant judicial issues.The purpose of the introduction is to make prepare for the following analysis.In the first chapter,the general cognition of possession in criminal law is discussed.Firstly,this chapter discusses the relation between criminal law and civil law.Secondly,the history evolution of possession in civil law is discussed.The aim is to have a simple understanding of possession in civil law.Thirdly,this chapter introduces the function and nature of possession in criminal law.Finally,through the comparative analysis of possession in criminal law and civil law,the chapter provides a comprehensive analysis of possession in criminal law.To analyze deposit possession issue,we should adhere to the principle of the unity principle of the legal order and the viewpoint that possession is factual.At the same time we should discuss deposit possession issue in the two contexts of deposit credit and deposit cash.In the second chapter,this article introduces and analyzes the relevant theories.There are three theories about deposit possession in the criminal law circles in Japan.Based on the relevanttheories of Japan,the theories of China were proposed.However,reference is different from copying.Chinese scholars have put forward four theories with Chinese characteristics.Then this chapter analyzes the theoretical disputes behind the theories.This article argues that the controversies between the various theories come out of the different understanding of the way and the object of possession and the underlying cause is the unclear understanding of the relationship between criminal law and civil law.In the third chapter,the understanding of deposit possession in criminal law is discussed.Based on the above,this chapter discusses the way and the object of possession and proposes that deposit cash is possessed by bank while deposit credit is possessed by depositor.In terms of the way of possession,this chapter mainly discusses the existing theoretical and practical difficulties of legal possession,the conceptualization of legal possession and the fact that the bank is not a safe of depositor to deny depositor's possession of deposit cash and affirm bank's possession of deposit cash.As for the problem of the object of possession,this chapter discusses the question of whether deposit credit belongs to the object of property crime,whether deposit credit can be possessed and whether the concept of quasi-possession of deposit credit can be affirmed.And then,this chapter puts forward the solution to the problem of deposit possession.In the fourth chapter,some related problems are analyzed.Firstly,this chapter discusses different legislative models between China and Japan and the logic behind the law.Next,this chapter proves that how to affirm the criminal amount.Secondly,this chapter reforms the mechanism of property loss under the guidance of the idea that deposit cash is possessed by bank while deposit credit is possessed by depositor.Thirdly,this chapter analyzes some related cases.