Reflection and Reconstruction of Criminal Law Doctrine on Deposit Possession
Deposits can be divided into the cash corresponding to the credit of deposits and the credit of deposits.The discussion on the possession of deposits should consider the different attributes of deposits.At present,there are four theories about de-posit claims:depositor's possession theory,banks possession theory,common possession theory anddifferentiated possession theory.The main disputes of these theories are as follows:(1)whether the possession of property interests can be recognized;(2)whether normative possession can be taken.This paper makes a comparative study of four theories and holds that the pos-session of property interests should be recognized.The deposit is specifically identified in the normative possession and the fac-tual possession.Combining with the analysis of application examples,it is concluded that adopting the differentiated possession theory is more in line with the current judicial situation of our country,and also easier to solve the problem of qualitative con-viction of property crimes involving deposit.
deposit claimcash on depositnormative possessiondifferential possession theory
万方数据
维普
