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1、论存款所有权的归属（On ownership of deposit ownership）On ownership of deposit ownershipAuthor: Cao XinyouCLC number: DF 438 document identification code: aProvisions of the existing laws and regulations concerning ownership of depositsDeposit the parties only depositors and banks of the two parties, thus the
2、ownership of deposit not to depositors, either this or that, is owned by the bank. Chinas current laws and regulations agree that the ownership of savings deposits belongs to depositors. These provisions can be said to be of long origin and distinct levels, and they are mainly based on the order of
3、time and the rank of effectiveness:The eleventh article of the constitution of the 1.54 year stipulates that the state protects the legitimate income, savings, housing and all kinds of means of subsistence of citizens. In the 82 year, the thirteenth article of the constitution has inherited this pro
4、vision;In the sixth Plenary Session of the 8th CPC Central Committee 2.58, the resolution on Several Issues concerning the peoples commune in the countryside stipulated that the deposits in banks and credit unions are always owned by the members.;Article eighty-second of the 3.79 year criminal law s
5、tipulates that the lawful property of citizens private ownership refers to the following properties: Citizens legitimate income, savings, houses and other means of subsistence.;.4. civil law seventy-fifth stipulates: the property of citizens, including citizens lawful income, housing, savings, daily
6、 necessities, cultural relics, books and reference materials, trees and the law allows all citizens of life and other lawful property;5.93 years of the peoples Bank of China on the implementation of savings management regulations Regulations provisions of article first: refers to the personal saving
7、s all in a savings institution within the territory of the China RMB or foreign currency deposits, third stressed: the constitution protects the individual legal deposit which has a right to inviolability.Two. The representative view of the ownership of the deposit in the theoretical circleThere are
8、 mainly two views on the ownership of the deposit in Chinas legal theory, one is that the deposit is owned by the depositor, the other thinks that the deposit is owned by the bank.(1) the representative view that the deposit is owned by the depositorIn this view, the deposit is a deposit in the reta
9、ined ownership conditions, the right to use the temporary transfer to the banks capital and currency, 1 is the savings credit behavior of ownership and use of the phase separation, through the contract, personal money deposited in the bank, the currency of the right to the use of temporary transfer
10、to the bank still, the depositor ownership, 2 units in bank deposits, its ownership belongs to the unit, therefore, the deposit units have the discretionary right to use the deposit. 3This view is consistent with the existing laws, higher authority, the greater the impact, undoubtedly belongs to the
11、 overwhelming view.(two) the representative view of the transfer of deposit ownership to the bankIn our existing legal works, that only 83 years of Chinas first version of the civil law principle of civil law textbooks: the loan contract is pointed out by people on both sides and the Borrower Lender
12、 to the borrower to pay real money or borrow all, return the same amount of money or the same number and the quality in a certain period of time the kind of agreement. A loan contract is a contract to transfer the ownership of a loan (or the right to operate it) (318th pages). It can be inferred tha
13、t this is a representative view that the ownership of the deposit is transferred to the bank immediately relative to the existing laws and the foregoing views. This view persists despite the micro as worthless, but its theoretical value is that it firstly points out that the legal nature of the depo
14、sit in the domestic currency lending relationship is contractual relationship, but when the bank to borrow the person named deposit relationship, when the bank called for lenders when the loan relationship.Three, foreign laws and precedents determine the ownership of depositsAlthough Chinas current
15、laws and regulations and law theory almost unanimously that the ownership of deposit belongs to depositors, but the foreign legislation, jurisprudence and legal theory is that deposit behavior after the completion of the ownership of deposit belongs to the bank.(1) the view of Anglo American law sys
16、tem1. the bank law of the United States believes that banks are not the depositor of the depositors money, and the bank has no obligation to keep the depositors money apart from the money of another depositor. The law regards the relationship between bank and depositor as the relationship between creditor and debtor.The bank is the debtor and the client is the c
