The Evaluation On Accroaching Nominal Deposit In Criminal Law Field

Herein called "nominal deposit" refers to an owner in the case of deposits deposit their actual owners of bank accounts inconsistent. With the development of economy and society, gradually varied means of payment, on certificates of deposit passbook, bank cards and other property crime category gradually increased, new cases continue to emerge. Deposit on behalf of the infringement related crimes, the problem mainly in theft, fraud, embezzlement on identification, theory and practice for the deposit tenure issues also in lively discussion. The first part of the scholars’ views of the sort, summarize scholars about crime or this crime and other crimes controversy, and these disputes legal analysis, that the core issue behind the debate is occupy the ownership of deposits, and around this core issue is how to correctly grasp the premise deposit meaning, property crime and unjust enrichment relationship, possession of property crime criteria, and whether the claims are objects of property crime and other issues. The second part of this paper, the focus of controversy cases in depth. First, the relevant judicial interpretations in the field of criminal law was analyzed, it was found that the criminal law of the cash in the bank is still belongs to its owner depositors, but in the field of civil law rules are identified cash ownership "possession that is all," that is kept cash at bank ownership should be vested in the bank. To resolve civil and criminal conflicts on this issue, the meaning of this article will be divided into two deposits:First cash deposit point, the second point refers to the deposit of debt, cash deposits ownership rules apply "possession that is all." Second, property crime and unjust enrichment investigate the relationship between the two is that the overlapping relationship, a behavior consistent with the civil law of unjust enrichment may also constitute a property crime. Criminal Law discussed again occupy criteria that constitute criminal law occupies a need to comply with the reality, the facts, can push the intellectual and exclusive standards. Then certainly as a creditor of the property interests can become the object of property crime. Finally, possession of criminal law and civil law in the occupied compare to find the overlap section between the theoretical, we think that it can learn from each part of the theory, and this theory will be civil law quasi-tenure system use to criminal law, the criminal law to achieve possession of the creditor, who obtained in the exercise of deposit claims, who in fact control and dominate the claim, whoever occupies the depositor claims conclusions. The third part of this article, linking theory with practice, the use of the second part of the conclusions of case studies. Under the illegal possession "in the name of deposit", the deposit claims originally quasi occupied by the actual depositors, then, the deposit on behalf of the people exercised the claim by reporting the loss withdrawal method, made to deposit claims of quasi-possession, the deposit in the name of human behavior breaking the original deposit creditor relations of domination and the establishment of new relations of domination, so the name of the depositor’s behavior should be evaluated as theft. Occurs when the Next, to further explore the deposit on behalf of the voluntary transfer books, illegal possession of property after the bank card card case, possession of books, bank cards and other debt obligations does not mean that possession of deposit claims, only in the exercise of the assignee of the debt on deposits claims possession, as the assignee of the debt has not been exercised, the assignee of the creditor’s rights have not yet obtained a quasi-possession, time deposits and withdrawals on behalf of the people report the loss of the claim still in its possession, this time in the name of human behavior should evaluation of embezzlement.