The Determination Of The Ownership Of Deposit In Criminal Law

In the property crime,there are two main ways to deal with the deposit crime,i.e.the wrong remittance and the report of loss and withdrawal.In the judicial practice,there are a large number of cases with the same case and different judgments,and scholars also have great differences on the basic theoretical research of this behavior.For the qualitative of the two kinds of behavior,the key problem is the study of deposit possession.For the determination of deposit possession,we should distinguish deposit possession and deposit creditor's right possession.Deposit creditor's rights have property interests and should be included in the protection of property.Deposit creditor's rights can also be the object of possession.After the depositor sends a transfer request to the bank,when the bank's payment obligation is completed,the elimination of creditor's rights relationship is the sign of transfer of deposit creditor's rights.In terms of the basic legal relationship between the parties,the relationship between the depositor and the bank is that after the depositor deposits the deposit in the bank,the bank obtains the possession of the deposit based on the rule that possession is all,while the nature of the deposit contract is the claim theory of the deposit contract,so the depositor obtains the possession of the deposit claim of the bank;between the actual depositor and the nominal depositor,the actual depositor obtains the deposit The nominal depositor shall have the obligation to return the deposit when it is deposited into the nominal depositor's account.On the issue of possession in criminal law,the concept of normative possession is developed on the basis of the weakening of the concept of factual domination possession.The nominal depositor holds the deposit creditor's rights in the sense of legal norms,while the actual depositor holds the deposit in the sense of factual domination.In the case of wrong remittance,after the wrong transfer to another person's account,the wrong payee receives the wrong remittance and establishes the embezzlement of other people's forgotten property.If the payee has the purpose of illegal possession and the amount is large,the crime of embezzlement shall be established.In the case of reporting the loss and withdrawing money,the nominal depositor has the obligation to return the deposit of the actual depositor.The nominal depositor illegally occupies the deposit of the actual depositor by reporting the loss and applying for a new card.The deposit should be deemed as unjust gain,which belongs to the case of illegal possession of the property of others in custody,with a large amount and refusing to return,and constitutes the crime of embezzlement.