储蓄存款产权配置说微探

我国关于储蓄存款法律性质有两大主要学说——物权说和债权说,均未能完整清晰地处理好储蓄存款所涉及到的各种问题。这与其仅从民商法角度思考问题有关。储蓄存款关系不仅由民商法调整,还体现着国家为了社会公益对其的干预,这也需要经济法的调整。经济法领域中的产权关系更能说明储户与银行对储蓄存款的权利义务关系。储蓄存款的形成过程正是现金货币的产权在储户、银行之间的配置过程,储户将现金存入银行后,以丧失现金的占有权与使用权为代价,获得对银行的现金付款请求权、利息请求权和存款处分权;银行取得现金所有权,可以对现金行使占有、使用、收益和处分的权利。在权利配置后,对于储户存款中的资金金,储户以付款请求权为关节点与银行发生法律关系,付款请求权的性质应是请求权和形成权的集合。

In the debate about the legal attribute of deposits in our country, there are two major theories, i.e., real rights and creditor＇ s rights, but both of them fail to solve all sorts of problems which savings are involved with clearly. This situation is caused partly because it is only put in the context of Civil and Commercial law. However, savings relation is not only ad- justed by Civil and Commercial law, it also embodies the country＇s social intervention to it, which meanwhile needs the adjustment of the economic law. Property right relations, as a subfield of economic law, further reflects the relationship be- tween savers and banks＇ rights and duties about the bank of deposits. The formation process of savings deposits is cash currency property in the configuration process between the depositors and banks. Savers store cash to the bank, at the ex- pense of the loss of the possession and use of cash, and obtain the right to claim for cash payment, interests for banks and savings of disposition; with the ownership of the cash, banks can exercise for cash to possess, utilize, and seek profits and dispose of the rights in a certain degree. After the right configuration for deposits, depositors with bank for payment as key points produce a legal relationship, and the nature of the right to claim payment should be a collection of claim and the right of formation.