银行存款冒领的案例分析
发布时间：2018-07-15 08:24
【摘要】：储户的存款被不法分子采用各种手段冒领,当冒领人被及时抓获且被冒领之钱款可以追回时,问题容易解决,但是这类案件往往由于不法分子作案手段高超很难侦破,即使破获逮捕了冒领人也难以保证其偿付能力。储户要求储蓄机构支付存款而银行拒付由此产生纠纷,当双方难以协商解决时,存款人便将储蓄机构起诉至法院,此类案件常经历一审和二审改判,而最终的判决结果也是“同案不同判”即相似案情的不同案件在不同地区不同法院的判决差异很大,有的判储蓄机构负全责,有的判双方分担责任。人们都或多或少的有存款,对自己存款安全的关心往往引起人们广泛的关注,钱存入储蓄机构不会万无一失,尤其是不法分子利用微型探头偷窥密码再伪造银行卡冒领他人存款的高科技犯罪后,更增加了人们对自己储蓄安全的担忧。不断出现的相似案件却有差异较大的判决,损害了法律适用的统一性。 本文首先通过一个典型的案例引申出该类案件的争议法律问题,然后对其进行具体的分析,定义冒领存款的概念及其主要表现方式,分析储蓄行为的方式及性质,分析该类案件的法理及民法学理论,存款冒领案各方的法律关系,最后对储蓄机构和储户的责任进行分析。 本文的研究意义在于不断发生的存款被冒领而引发的纠纷应该如何及时加以解决,储蓄机构与受害储户的责任关系如何加以妥善处理,双方利益怎样协调等问题,若此类问题处理不当对金融发展、社会和谐都产生不利的影响,对此加以梳理提出对策,因此具有重要的理论与实践意义。
[Abstract]:Depositors' deposits are faked by various means by lawbreakers. When the fraudsters are caught in time and their money recovered, the problem is easy to solve. However, such cases are often difficult to solve because of their superior means of committing crimes. It is difficult to guarantee the solvency of a person who has been arrested even if he is arrested. Depositors ask savings institutions to pay their deposits and the banks refuse to pay the deposits, which give rise to disputes. When it is difficult for the two sides to settle the matter through negotiation, depositors sue the savings institutions to the courts. Such cases are often subject to first and second instance cases being rescheduled. The final result of the judgment is that different cases with similar cases have very different judgments in different courts in different regions, some of them bear full responsibility, and some of them share the responsibility. People have more or less a deposit, the concern for their own deposit security often aroused widespread concern, money deposited in savings institutions will not be foolproof, In particular, criminals who use miniature probes to peek at passwords and forge bank cards to take deposits from others have become more concerned about their own savings security. Similar cases have different judgments, which impair the unity of the application of law. In this paper, a typical case is used to explain the legal issues of this kind of cases, and then it is analyzed concretely to define the concept and main manifestation of taking out deposits, and to analyze the ways and nature of saving behavior. This paper analyzes the legal theory and civil law theory of this kind of cases, the legal relationship of the parties in the case of deposit taking, and finally analyzes the responsibility of the savings institutions and depositors. The research significance of this paper lies in how to solve the disputes caused by the constant occurrence of deposits being taken out in time, how to properly deal with the responsibility relationship between savings institutions and affected depositors, how to coordinate the interests of both sides, and so on. If such problems are not handled properly on the financial development, social harmony has a negative impact, to sort out and put forward countermeasures, so it has important theoretical and practical significance.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D920.5
本文编号：2123457
[Abstract]:Depositors' deposits are faked by various means by lawbreakers. When the fraudsters are caught in time and their money recovered, the problem is easy to solve. However, such cases are often difficult to solve because of their superior means of committing crimes. It is difficult to guarantee the solvency of a person who has been arrested even if he is arrested. Depositors ask savings institutions to pay their deposits and the banks refuse to pay the deposits, which give rise to disputes. When it is difficult for the two sides to settle the matter through negotiation, depositors sue the savings institutions to the courts. Such cases are often subject to first and second instance cases being rescheduled. The final result of the judgment is that different cases with similar cases have very different judgments in different courts in different regions, some of them bear full responsibility, and some of them share the responsibility. People have more or less a deposit, the concern for their own deposit security often aroused widespread concern, money deposited in savings institutions will not be foolproof, In particular, criminals who use miniature probes to peek at passwords and forge bank cards to take deposits from others have become more concerned about their own savings security. Similar cases have different judgments, which impair the unity of the application of law. In this paper, a typical case is used to explain the legal issues of this kind of cases, and then it is analyzed concretely to define the concept and main manifestation of taking out deposits, and to analyze the ways and nature of saving behavior. This paper analyzes the legal theory and civil law theory of this kind of cases, the legal relationship of the parties in the case of deposit taking, and finally analyzes the responsibility of the savings institutions and depositors. The research significance of this paper lies in how to solve the disputes caused by the constant occurrence of deposits being taken out in time, how to properly deal with the responsibility relationship between savings institutions and affected depositors, how to coordinate the interests of both sides, and so on. If such problems are not handled properly on the financial development, social harmony has a negative impact, to sort out and put forward countermeasures, so it has important theoretical and practical significance.
【学位授予单位】：兰州大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D920.5
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