The Possession And Qualitative Research On The Issue Of Deposit Crime

With social progress and economic restructuring,the banking industry and the financial industry is not only thrived but also become more diversified.As a result,various kinds of financial businesses have been expanding and becoming increasingly complex.On the one hand,modern financial services facilitate people's daily life.On the other hand,the large-scale popularization and use of bank cards also bring about new types of crimes that infringe other people's deposits because of improper use.For example,how to identify the behavior that the nominal depositor have possessed the deposit held by others in their accounts by way of loss reporting,and how to evaluate the behavior of accepting the mismitted funds at the criminal law,has attracted a widely concern and dispute,the actual ruling results are quite different.The function points out the difference between the rights and interests of the occupants and the right holders,otherwise,blurring the boundary between criminal law and civil law.Through the analysis of such cases,it is not difficult to find that the crux of the matter lies in the dispute the possession.Therefore,it is the key to solve such cases that define the ownership of deposits.It is necessary to grasp the legal relationship between the actual depositor,nominal depositor and the bank,otherwise define the possession of the deposit to analysis the behavior that the bank card owner report the loss and take other people's deposits,which can be evaluated the crime ofembezzlement under certain conditions.The article is divided into four parts:The first chapter mainly discusses the law dispute in deposit crime,the most important one is describing the case of the report loss withdrawal and the case of wrong remittances.Whether the wrong remittances or loss of withdrawals case,the controversial point lies mainly in the nature of the behavior of property crimes in the identification,theft,fraud,encroachment? To sort out the focus of controversy,it is not difficult to find that the theoretical essence behind refraction lies in the possession of deposits.The second chapter discusses the possession concepts in criminal law,The possession system can be traced back to the ancient Roman period as early as the earliest days and became more and more perfect with the richness of theory.Both of them play an important role in maintaining the status quo of property,understanding the possess in the civil law,which is of certain reference significance for the study of property possession.Secondly,it briefly expounds the mainstream theory of possession concept in current practice.Finally,it determines the dual nature of possessing factual and normative concepts.Therefore,it is necessary to analyze the possession of deposit and the study of the possession of criminal law must trace the source,to clarify the differences between the possession of criminal,and to analyze the general judgments of the possession of property crimes,the specific analysis of possession elements,and thus determine the concept of possession.The third chapter,study the basic legal relationship in deposit cases and the ownership of deposits.Firstly,legal relationship analyzes and clarifies a series of basic legal relations between banks and depositors,as well as banks and actual depositors,so as to clarify the legal nature of deposit contracts and pave the way for the qualitative character of judicial practice.Analysis and comparison of deposit contract of real right and deposit contract of creditor's rights,creditor's rights that more reasonable and has legal basis as a support.The contract of deposit has the legal nature of the contract of creditor's rights.After the legal nature of the deposit contract has been clarified,identification of deposits divided into two aspects it needs to be furtherclarified that the issue of the possession of deposits.The ownership of the deposit holds the decision of who actually controls the deposit.Whether the perpetrator is an object of crime under the control of his actual possession of dominance or whether the deposit is under the dominance control of others actually has a decisive influence on the conviction and sentencing.Therefore,the ownership of the deposit determines the type of property crime.The fourth chapter,concretely applies the above theory to the case analysis,and analyzes and defines the behavior that the nominal depositor have possessed the deposit held by others in their accounts by way of loss reporting,and the behavior of accepting the wrong remittance.The fact that the nominal depositor and the actual cardholders dominate the deposit and the nominal depositor through loses withdrawal,thus eliminating the actual holder of the deposit claims on the fact of possession,because the deposit holder using the relationship between the withdrawal of money to the bank,after the bank fulfill their claims,the legal relationship of deposit claims will be eliminated.The nominal depositor possess the sum of money in accounts.At this time,it constitutes unjust enrichment in the civil law.The nominal depositor has the obligation to keep the money in a reasonable manner and return it in time.When the actual depositor asks for it and the nominal depositor refuses to return the money,its constitute the criminal law of embezzlement.In the case of wrong remittance,before the wrong remittance has been withdrawn or changed,the wrong remittance claim is held by the nominal person who has received the remittance account.The account holder can freely control the mismitted money and receive the money people will take the wrong remittances for their own use,refusing to return,resulting in the remitter that is,the actual owner can not exercise their deposit claims,infringing the property rights of others,in line with the constitutional elements of crime of embezzlement.Second,although civil law and criminal law adjust social relations from different perspectives in the legal system,the scope of the adjustment between the two is not without any difference and is not what they are.Among them,there may be some overlap,there is a line of conduct that simultaneously violated the norms of civil law and criminal law,thus triggering the cross-cuttingissues.However,encroachment and unjust enrichment are typical cross-border issues between the criminal law and civil law,and the controversies in practice are still high.The discussion of the relationship between the two will be helpful to solve the practical problems similar to the case of the report loss withdrawal and the case of wrong remittances.