Study On The Determination Of The Occupation Of Deposits In Criminal Law

As an important theory of property crime in criminal law,possession is also an important system in civil law.To clarify this system is the key to study property crime.Deposit as a special kind of goods,its nature should be identified as property or property interests,which is worthy of consideration by every criminal law scholar.The discussion on the ownership of deposits has been controversial.In judicial practice,such as Xu Ting case,He Peng case,wrong remittance,depositing counterfeit money to get real money are all related to the ownership of deposits.The author has done a lot of research on these issues.This paper summarizes and reflects on the status quo of the confirmation of deposit possession,and begins with the definition of the criminal basis of the possession relationship,which leads to an in-depth discussion of the deposit possession relationship.From the point of view of the possession relationship of property crime in criminal law,this paper discusses the three theories of deposit possession,namely,the theory of depositor possession,the theory of bank possession and the theory of joint possession,and concludes that the viewpoints of depositor possession and bank possession are all one-sided.If only adhere to one of them,it will be difficult for judicial practice to find the criteria for finalization,and even the appearance of similar cases before and after.The embarrassment of anti-judgment can only be found in property crime cases related to deposit possession by adhering to the viewpoint of joint possession,which not only fully reflects the essence of the legality of crime and the corresponding criminal law,but also conforms to the possibility of national prediction.Of course,while insisting on the joint possession of depositors and banks,it also excludes the possession relationship between nominal depositors and"deposits".This paper defines the nature of deposits,theoretical disputes and the basic relationship of possession,and makes a reasonable qualitative analysis of the property crimes related to deposit possession in judicial practice,such as mistaken remittance,withdrawal of deposits from actual investors by nominal depositors,bribery withdrawal by bribery bribery depositors,and withdrawal of genuine coins by depositing counterfeit coins.