Exceptions To The Rule "Possession Of Money Is All"

As long as the ownership of money is involved,then the rule of possession is all will be mentioned.This rule is undoubtedly applied to such problems in China.Money first belongs to the category of things in Property Law,and then it is classified as special movable property because of its special attributes,i.e.high substitution and non specificity,which are different from ordinary movable property.Because money is mainly used as the carrier of value,money itself is not valued.What people value is the value it embodies.Just as the money owner deposits a certain amount of money into the bank,if the money owner goes to the bank to withdraw money,he only needs to withdraw the same value of money,and he cannot ask the bank to return the same number and face value of money as he deposited.This paper studies the current situation of the breakthrough of the principle of money ownership in the judicial practice of our country by taking the case of the execution objection of the wrong transfer money as an example.The conclusion is that we should not make a metaphysical understanding of the possession of money,that is,all rules,but make a specific analysis of specific cases.In our country,the common theory is that the possession of money means all without exception,that is to say,the ownership and circulation of money all apply the rule of possession.According to Professor Liang Huixing,the ownership of money cannot be separated from the possession of money,which is determined by the basic attributes and functions of money.Whoever possesses money legally or illegally shall have the ownership of money;otherwise,whoever loses the possession of money,whether voluntarily or not,shall lose the ownership of money.But with the continuous progress of science and technology,the use of traditional physical currency such as cash in daily transactions has become less and less.New payment methods such as bank transfer,Alipay transfer and WeChat transfer have begun to rise.While enjoying the convenience brought by these new payment methods,we will also cause new problems.Because the principle of "possession is all" is applied without exception,and the problem of wrong transfer in real life,due to its particularity,has different views on the understanding and application of money possession,that is,all rules in judicial practice,and started to apply this rule with exception Challenges.Money possession,that is to say,the preliminary question of all rules comes from the unbalanced distribution of theinterests of the parties caused by the previous judicial decisions on such cases,and the academic and judicial practice circles have also begun to discuss the application of the rules with exceptions.This rule is based on the traditional form of cash in the past,because currency is a typical kind of thing,but it is no longer applicable when the specific currency such as gold seal and trust faces the ownership problem.But the object of this paper is the wrong transfer money,which is a kind of currency in the form of bank deposit.Although it is not a real thing,its value can also be specified,so it is also a case of currency possession,that is,all rules have exceptions.Therefore,the conclusion is that all rules of money possession should not be metaphysically understood,especially the case involving the execution of the wrong transfer money can be attributed to the application exception of the rule,which should be analyzed in specific cases.