实名人挂失取走他人存款行为的定性.pdfVIP

Abstract The act of nominee withdraw others deposit by reporting the loss refers to that at the moment of the real depositors opening deposit accounts or using deposit certificates in the name of others, the nominee withdraw others money in large number by reporting the loss of deposit certificates which controlled by real depositor. The character of the act manifested in following aspects that is special nature of the subject, report the loss of the established, withdraws after onset. According to the subjective content by the different perpetrator, can make the act divided into two types which is the prior of premeditation and the spur of the moment. According to the way of withdrawals by the different perpetrator, also can make the act divided into the type of withdraw cash by bank counters and withdraw cash by automatic teller machine . At present, there is considerable controversy about study on the act of nominee withdraw others deposit by reporting the loss both in theoretical and practical circles. And the controversial views that is innocence, embezzlement, theft, and fraud. Wherein, the innocence holds that the act of nominee just constitutes the civil law of unjust enrichment, preclude the application of the criminal law by reason of the principle of legality and modesty. The embezzlement holds that there formed de facto relations of commission between the nominee and the real depositor, the state of deposit possessed by nominee. The theft holds that the nominee transferred the deposit of others to his possession in secret and peaceful way, against the will of real depositor and bank. The fraud holds that the nominee deceived the bank, led to the depositor suff