Research On The Judicial Determination Of Deposit Possession In Criminal La

With the development of financial industry,bank cards,QR codes and other fast payment methods are becoming more and more common,gradually replacing the traditional cash payment method,and the possession of property has become a term that can be discussed independently from ownership,resulting in a more diversified mode of deposit possession,and also making the nature of deposit infringement more controversial in judicial practice.The reason why the issue of deposit possession has been discussed as a special issue in criminal law theory is,in the final analysis,because the traditional concept of possession faces theoretical and practical challenges and doubts in the face of "deposit",a special object of possession.The fact that the bank dominates the deposit cash and the depositor conceptually dominates the deposit,and the dominance relationship of the same object is glued to each other,so that the judgment of deposit possession constantly impacts the logical judgment of possession in traditional criminal law theology,and at the same time,this is also the key difference between the possession of deposits and the possession of other ordinary property.In order to better solve the new type of property crimes currently occurring,and to properly handle the theoretical disputes and differences in China’s theoretical circles on the issue of deposit possession.This paper takes the judicial determination of deposit possession as the research theme,and follows the writing ideas of clarifying the basic concepts,focusing on practical issues,analyzing the causes of problems,and providing solutions to them,and is divided into four chapters.Chapter Ⅰ is a basic overview of deposit possession under criminal law.Firstly,the concept of possession in criminal law is defined,and the specific connotation of the concept of possession in criminal law is clarified through the analysis of the differences in the concept of possession in criminal law.Then,the object of deposit possession is clarified,and the overall concept of deposit possession is analyzed to clarify its specific meaning;Finally,from the perspective of the final loss suffered by the infringement and the perpetrator of the infringement,the different types of cases involved in the proposition of deposit possession in criminal law are divided,which paves the way for the following current situation of judicial determination of deposit possession in criminal law.Chapter Ⅱ is an elaboration of the current situation of judicial law.According to the guidelines for typical occasions divided above,collect relevant cases in judicial practice that are controversial about the nature of deposit infringement,divide the types of cases collected,and then summarize,analyze and sort out the facts of the cases and trial results,showing the current status of the judicial determination of deposit possession in the current criminal law,and providing an analytical basis for the deposit possession.Chapter Ⅲ sets out the problems and causes in the judicial determination of deposit possession.Through the analysis of the current situation of judicial determination of deposit possession above,it is found that the judicial determination of deposit possession in criminal law mainly has the problems of inconsistent identification of case crimes,differences in the characterization of similar acts,and unclear legal evaluation of credit certificates.At the same time,the reasons behind the problem are analyzed,in order to better solve the problems in the judicial determination of deposit possession.Chapter Ⅳ is a proposed solution to the problems existing in the judicial determination of deposit possession in criminal law.Combined with the above questions and the reasons behind the problems,according to the clear object of possession,the criteria for determining the attribution of deposit possession,and the grasp of the relationship between deposit and credit certificates,it is concluded that the concept of deposit claims,and the concept of property in criminal law,and the dominance of facts is used as the determination of deposit possession.