The Application Of The System Of Appropriate Debt Right In China's Judiciary

In the theory of civil law in China,few people mention the quasi-possessory system of creditor's rights.In legislation,besides being reflected in administrative regulations,it is still blank in basic civil legislation such as "General Principles of Civil Law" and "Contract Law".As market transactions have become increasingly diversified,situations involving the appropriation of creditor rights have emerged more and more.Due to the unclear legal provisions and the absence of theoretical systems,cases involving this system often make people feel helpless.Therefore,the study of the system has the dual meaning of theory and practice,and it has become an urgent task.This paper takes the case analysis,finds problems,analyzes the problems,proposes the ideas and researches,analyzes and analyzes the status quo of the foreign rights law of the quasi-possessory system of creditor rights,and attempts to put forward effective legislative proposals based on the current situation of China's legal system.In the article system,this article is mainly divided into four parts,the following briefly summarizes the content of the main part of the article.In the first part,the article took the case of a fraudulent deposit case as an entry point and used a case analysis method to address Liu Yulan's lawsuit against the Industrial and Commercial Bank of China's Yuci City branch in Shanxi Province,the case of a deposit dispute,Sun's v.China Agricultural Bank's credit card dispute case,and Zhao's case.Three typical cases involving the Bank of China's savings contract dispute case explain the common problems in the trial practice of deposit fraud cases,that is,the inconsistency between the same-case case of different-judgment phenomena and the basis of claim rights and demonstrate the necessity of establishing a quasi-possessory system of creditor rights.feasibility.In the second part,the article uses the comparative method to analyze the research methods,summarizes and analyzes the definition of the quasi-possessory system of creditor rights,and summarizes the legislative status quo of domestic and foreign legislation on quasi-possessory possession of creditors.The traditional theory of debt law focuses only on the protection of debtors from the relativity of creditor's rights,and debts and ignores the dynamic safety and appearance theories of transactions.From the perspective of dynamic transaction security and the appearance of rights theory,the author has laid a foundation for the quasi-possessory system of creditor rights.Strong theoretical basis.In the third part,the article combines the legal system of our country and the judicial status quo,and explores the specific application of the quasi-possessory system of creditor rights in China,including the type of quasi-possessor of creditor's rights,the attribution of creditors and debtors,and the legal consequences of the applicability of creditor rights appropriation system.three parts.The applicable types of creditor quasi-possessors include four types:appearance heirs,appearance receivers,real creditor certificate holders,and forged creditor certificate holders.The liabilities of debtors and creditors should also be based on creditor rights holders.Different types differ.The application of the quasi-possessory system of creditor's rights will lead to the destruction of the creditor's and debtor's debts.The debtor establishes a quasi-debt creditor's rights and debts relationship with the quasi-possessor of the creditor's rights.The creditor may base it on the unjust enrichment return right or the infringement damage claim right.Claim holders claim rights.In the fourth part,the article discusses two controversial issues of the system's possible problems in practice,the judgment standard of good faith and non-fault,and the identification of "personal behavior" in savings contracts.That is,the debtor should do his utmost to review the identity of the payer,review the authenticity of the creditor's right held by the taker,and review the authenticity of the identity card held by the taker.At the same time,the terms of the " personal behavior" clause in the savings contract are not of course valid,and they can only be applied to situations where the depositor normally applies the password or is at fault for leaking the password.Through the discussion of many controversial issues,in order to maximize the foundation for the implementation of the system.