A Case Study Of Picking Up A Passbook To Extract Deposits

The paper listed the case of passbook deposit in daily life.Through the analysis of three cases,including offender picked up password written directly from deposit passbook,guessing password deposit and making use of owner's card to report the loss of password withdrawals.Compare the different situation to find the similar issues.Firstly,it is the deposit possession problem,which is involved in the nature of deposit and the understanding of possession to criminal law.In Japan,creditor's rights and property rights are strictly divided and the saving is creditor's rights,so there is the discussion of whether possession includes the possession of legal meaning and the discussion is derived that whether creditor's right means the confirmation of possession of legal meaning.Hence,the theory of deposit holder and bank possession theory are formed in the discussion.However,our country is different from Japan because the boundary of creditor's rights and property rights are confused.Savings could be creditor's right and it is also the thing(capital).Just as what scholars said that the understanding of possession in Chinese Criminal Law is that property in the crime of infringing upon property shall include property interests,so creditor's right is the object of crime.The paper thinks that savings is the creditor's right and the deposited capital in bank is possessed by the bank.Bank can control and distribute the capital in fact and the possession of depositor is the creditor's right.Criminal Law should protect the status of creditor's right.Furthermore,it is the legal evaluation problem of warrant,which involves in the relationship of certificates of property and funds.As to the case of picking up,stealing,defrauding the passbook to withdraw money.It is normally divided into two stages,including the behavior prior to obtaining a credit certificate and the act of obtaining the corresponding funds by using the credit certificate.Hence,the relevant disputes point to whether possessing the certificate of creditor's right is equal to the correspondent capital.The integrated opinion and separated opinion which are made by it have different focus of these two behaviors.However,it could be found from the quasi possession system in civil law that it is a complete behavior process of a right of possession if it is acknowledged that invasion of creditor's right is crime.Different from the past integrated view of creditor's rights,the paper thinks that possessing the certificate of creditor's right do not mean possessing the creditor's right and the nominal deposit is not always possessing creditor's right exclusively.This paper is divided into four chapters:Chapter 1 introduction,the background and significance of topic,study status,study main point and methods are mentioned in the introduction.Chapter 2 is case summary.The case and dispute of three cases,Lee fraud,Cheng Jian fraud and Xiao fraud,are mentioned and the similarities are found in the disputes.Chapter 3 is a study of focused issue.Carry out the dispute of deposits and find out the issues according to carding Japanese theory and our theory.Based on the discussion of the possession,analyze the meaning of possession in Criminal Law to make a conclusion of whether the name of the deposit holder has the bank's funds and deposits or not.After that,there is a further analysis on the relationship of creditor's rights and certificate of creditor's rights with the improvement based on the existed documents.Chapter 4 is qualitative case analysis to analyze the differences of three cases.Based on the conclusion mentioned above,have a qualitative case analysis on the criminal behavior.Finally,Li should be embezzlement crime,Chen Jian should be larceny and Xiao should be crime of fraud.