Typification Analysis Of The Behavior Of Infringing On Deposit Possession

In recent years,with the rapid development of technology and economy,people's payment methods have changed dramatically.New payment methods,such as bank card payment and online payment,have gradually replaced traditional cash payment methods and become an indispensable part of people's lives.As the carrier of the payment and the structure of complications,and because of the lag of the law,how to make a qualitative evaluation of violations of other people's deposits through new payment methods within the framework of the existing legal system,how to make a qualitative evaluation of violations of other people's deposits through new payment methods within the framework of the existing legal system,clarify disputes,avoid the wrong cases and protect the legitimate rights and interests of the subject,has become serious problems demanding prompt solution.The article is divided into four parts:The first chapter elaborates the basic problems of deposit possession.By analyzing the legitimacy of the expansion of the concept of property and,at the same time,defining the system status and function of the concept of possession in criminal property crimes,the different theories of ownership of deposits should be clarified.Also,the article gives the opinion that under our legal system,the dichotomy of "cash is owned by the bank and the depositor has a claim on the bank" should be adopted.In addition,this chapter also provides theoretical basis for subsequent typed behavior analysis.The second chapter analyzes the behavior of receiving wrong remittance.In view of the case of wrong remittance,this paper analyzes the different theoretical viewpoints in the academia,questions and thinks about the viewpoints,and puts forward the reason and basis that receiving wrong remittance should constitute the crime of embezzlement in combination with the viewpoints expounded in chapter 1.The third chapter analyzes the behavior of the deposit nominee reporting loss.The article analyzes the opinions and disputes on such behavior in practice through the introduction of cases.Through sorting out and discriminating the legal relationship between the depositor nominator and the bank,the actual depositor and the bank,and the depositor nominator and the actual depositor,it is proposed that the behavior of the depositor nominator in reporting loss and withdrawing money should be divided into different behaviors,and the qualitative thinking on the crime of encroachment and theft should be established respectively.The fourth chapter analyzes the violation of deposit possession by mobile payment software(taking Alipay as an example).The qualitative thinking of new cases should be carried out from the structure of financial products,instead of generalizing.Therefore,in this paper,pay treasure to balance,binding bank card and borrow bai the nature of the product were analyzed,and the ant and the refuse to return error transfer,unauthorized pay treasure account balances,unauthorized binding bank card money,using ant borrow bai for loans of the four behavior qualitative analysis respectively,it is concluded that the four kinds of infringement of Alipay account behavior constitutes encroachment,theft,credit card crime of fraud and theft.