On The Improvement Of Our Country's Deposit System

Deposit system is an important system in our country's contract law system,which has the functions of paying off debts and guaranteeing.In the laws of all countries in the world,although the specific names are different,there are similar institutional norms with deposit system.The deposit system plays an important role in balancing the rights and interests of debtors and creditors,promoting the circulation of funds and improving economic benefits.The legal system of deposit can be traced back to the period of ancient Roman law.It was first introduced in 1950 s after the founding of New China,but it was not until the Economic Contract Law of the People's Republic of China(referred to as "Economic Contract Law")promulgated in1981 that the system was first established through legal form.Deposit in China's current law is mainly divided into debt-clearing deposit and guarantee deposit,both of which play an important role in practice.Modern market economy puts forward higher requirements for the quickness and efficiency of circulation,and the deposit system is of great significance for realizing the quickness and efficiency of economic circulation.However,due to the late establishment of the system and other reasons,the deposit system still has many problems in the legislative level,the system implementation level and judicial practice.These problems lead to the establishment of deposit system in our country,but it can not give full play to the function of deposit system in system implementation and judicial practice.On the basis of theoretical research,the author explores the problems existing in the legislation,system implementation and judicial practice of deposit system in China and analyses the causes of the problems.Meanwhile,drawing on the relevant experience of other countries,the author puts forward some suggestions to improve the deposit system in China,so as to make the function and value of deposit system fully play.In addition to the introduction,this paper mainly has the following three parts:The first part is the basic theory of deposit legal system.This part introduces three main theories about the nature of deposit system: public law theory,private law theory and public-private law theory.Among them,the author agrees with the theory of private law and expounds the relevant reasons.Secondly,the different legal effects between the depositor,the depositee and the depositing authority in the liquidation and guarantee deposits in China are discussed.Finally,the functions and values of thedeposit system,such as balancing the interests of creditors and debtors,preventing disputes and litigation,preventing excessive interference of administrative means in civil acts and preventing waste of resources,are explained.The theoretical analysis of this part lays the theoretical premise and foundation for the analysis of the second part of the problem and the proposal of the third part of the solution measures.The second part mainly analyses the existing problems of the deposit system in China from the legislative level,the system implementation level and the judicial practice level.Firstly,it introduces the legislative process and current situation of the deposit system in China,focusing on the analysis of the relative decentralization of the system norms in the legislative level,the contradictions and conflicts between the laws and regulations,the unreasonable rules of notarization of deposit,the unclear setting of deposit organs and other issues.Secondly,the paper analyses the current situation of notarization of deposit in the process of implementing the deposit system,and finds that the business volume of notarization of deposit decreases year by year.The main reasons for this problem include that notary institutions themselves do not attach importance to notarization of deposit,and lack of support from social forces and relevant departments.Thirdly,from the judicial level,it analyses the problems existing in the judicial practice of the deposit system in China,including the insufficient judicial application,the great regional differences,the inconsistency of the standards and standards of judicial adjudication,and the different judgments of the disputes related to deposit.These problems are not conducive to the protection of the legitimate rights and interests of the parties,but also to the dignity and authority of the law.The third part,on the basis of introducing the experience of foreign institutions,puts forward some suggestions to improve the legal system of deposit in China.Firstly,it introduces the legislative style of deposit in representative countries of continental law system from five aspects: the subject of deposit,the reason and condition of deposit,the legal effect of deposit,the scope of deposit subject,the right of debtor to withdraw,and so on,as well as the reference and Enlightenment to improve the deposit system of our country.Secondly,on the basis of drawing lessons from foreign legislative models,this paper proposes to establish a three-dimensional legal norm system of "Civil Code-Contract Law Code-Deposit Rules" in our country,to refine the content of the current deposit legal system and make it more practical and operational.At the same time,we should adjust the relevant provisions of theNotarization Rules of Deposit,refine the content of the obligation to notify,apply the principle of proportionality in refusing to deposit with the recipient,unify the time limit for exercising the right to withdraw and withdraw,and improve the system of withdrawal and withdrawal.This article also holds that a unified depository organ should be established under the People's Court.As for the slow development of notarization in deposit,this paper argues that it can be improved by amending the Notarization Rules for deposit,formulating guidelines and methods for handling notarization in deposit,and at the same time properly raising the standard of notarization fees for deposit.In view of the problems of deposit system in judicial practice,this paper argues that the judicial application should be strengthened,and that attention should be paid to the issuance of typical deposit cases and the unification of judicial application standards for deposit-related disputes.