The practical and theoretical circles have always focused on discussing the guarantee deposit account guarantee，Lack of attention to more general security guarantees。Beyond the guarantee of the deposit account，There are a large number of security deposits in practice。The name of a deposit，Not necessarily all of the security deposit，Delive the security deposit guarantee with the factors of the deposit。For all margin guarantees including the guarantee of the deposit account，Margin belongs to the person、There is an implication with the guaranteed debt、Whether the margin equity occurs and its specific amount is uncertain，These three characteristics determine the particularity of relevant rules。

　　Bet365 lotto review

The Supreme People's Court's Interpretation of the Subsidies of the People's Republic of China on the Guarantee System (Fa Shi [2020] No. 28) seventy section of the 70th session specifies the deposit problem。The first paragraph continues the provisions of the "Explanation of the Supreme People's Court on the Application of the" Several Issues of the People's Republic of China "(Fa Shi [2000] No. 44)，Standards the guarantee rules of the deposit account determined by the amount，Added an uncertain deposit account guarantee rule。Paragraph 2 stipulates the first paragraph of the deposit sharing households。Third paragraph stipulates the exclusion of the right of the creditors to give priority to the right to compensate。Explanation Article 70 Taking the guarantee account guarantee as a specification object，Considering the relationship between the creditors who control the deposit and the bond given to the other creditors of the person。

Security account guarantee is just a type of security Bet365 app download guarantee。In more common security deposit guarantee occasions，The deposit is given to the person who will directly hand the security deposit to the creditors，At this time, the security deposit realized the guarantee function at the moment of handing it over to the creditors，Creditors do not need to claim separately to pay priority to the security deposit，Because the creditor is equivalent to already given priority,。The guarantee guarantee at this time does not constitute a deposit account guarantee，But still the guarantee guarantee。Regardless of this more common security guarantee，Still security account guarantee，When the creditor who receives the deposit cannot return the deposit，There are a problem with the relationship between the deposit to the other creditors of the other creditors of the person and the creditor。This problem seems to be ignored in theory，There are endless problems in practice。

，Guangdong High Court considers，"The Securities Sales Department does not set up a special security account account sharing management，The fault lies in the Securities Trading Sales Department，It cannot be believed that the ownership of the margin has changed。Securities and Trading Sales Department is a branch of Guangdong SDIC，After bankruptcy of Guangdong SDIC，The owner of the stock can withdraw the security deposit through the bankruptcy liquidation group "。In this case, the guarantee account guarantee is not established，But still set up a general security deposit guarantee。It is believed that the security deposit will still have the right to retrieve people after the money is mixed，Violation of general legal。This case seems to explain: the relationship between the security deposit to the other creditors who have received the deposit of the deposit，Urgently need to explore further in the study community。

　　Three elements of cross -departmental method identification deposit

my country's "Civil Code" Bet365 app download does not specify a deposit，Can't identify margin directly according to the "Civil Code"，But in other legislation, many statutory margin。For example, the bonding deposit provided by Article 68 of the Criminal Procedure Law，"Tourism Law" Article 31 of the tourism service quality margin，Tax margin specified in Article 59 of the Customs Law，The debt deposit of the debt repayment deposit stipulated in Article 97 of the Insurance Law，"E -Commerce Law" Article 58 Consumer Rights Margin，Performance margin, etc.。These statutory margin constitute the starting point of analyzing margin，Regulations on comprehensive legal margin，Three elements of analyzing the deposit。

First，Margin belongs to the person。Article 93 of the Customs Law stipulates the "payment" of the deposit，Article 97 of the Insurance Law stipulates the "settlement" debt of the deposit，Article 110 of the "Public Security Management Penalty Law" stipulates the "confiscation" of margin。Regardless of the security deposit is "paid" and "confiscated"，It is still used to "settle" debts，The deposit is "belonging" to the deposit to give people。The controller of the margin cannot "confiscate" or "pay" already belongs to its own deposit，You cannot use your own deposit "Clear" security deposit to give a person's debt。Article 28 of the "Regulations on the Management of Futures Transaction" even clearly stipulates that margin is a member of the deposit、Customer。

2，Creditors directly or indirectly control the margin based on the purpose of guarantee。Although the benefits of margin belong to the deposit, it is given to people，But the security deposit is directly or indirectly controlled by the creditors based on the purpose of guarantee。According to Article 73 of the Criminal Procedure Law，The bond deposit on the bail should be paid to the bank。According to Article 97 of the Insurance Law，The debt deposit of the insurance company bet365 live casino games shall be paid in the "designated bank"。According to the provisions of Article 67 of the Management of Futures Transaction，The deposit shall be stored in the special account for "opening a deposit account in the futures deposit and management bank"。According to the provisions of Article 202 of the "Sea Commercial Law"，"The deposit should be delivered to the bank in the name of the custodian"。Creditors' control of margin can be based on ownership、It can be based on the direct or indirect control of the deposit account，As long as the creditor thinks it can achieve the control purpose。

third，The margin should be returned to the person after conditional achievements。In the provisions of the above -mentioned legal margin，The return of margin is often defined as "refund"。Establishment of margin aims to guarantee obligations to perform obligations，Once the obligation is fulfilled or the obligation is eliminated，The purpose of establishing a deposit has been achieved or it is not necessary to achieve，The deposit should be returned in accordance with the "ownership" of the deposit。Return may be the reason for the original object，May be the price return，It may also be the return of "debt"，Even the creditor gave up the control of the security deposit。

The legal margin has the above three elements，This is also the case for the margin。Some named margin，Because it does not have the above three elements，does not constitute a deposit，If engineering quality margin、The general deposit of the debtor in the bank。"Interpretation of the Supreme People's Court on the Application of Legal Issues on the Application of Construction Construction Contract Disputes (1)" (1) "(Fa Shi [2020] No. 25) Article 17) Engineering quality margin，No deposit gives people，No creditors directly or indirect control，After the condition is achieved, "pay" instead of "returned" to people。As Professor Bet365 lotto review Long Jun said，These "engineering quality margin" is really a price that delayed payment instead of margin。When the bank cannot successfully achieve creditor's rights，Often advocates that debtor's ordinary deposits in bank constitute a deposit。The deposit of the debtor in the bank is a debtor，Also in the bank's controlled account，But the purpose of ordinary deposits is often not to guarantee bank claims，One of the three elements of the lack of margin，does not constitute a deposit。

　　Special Rules

Regardless of the legal margin or the implication of margin，can be defined as: "In order to guarantee specific debt，See the creditors directly or indirectly controlled，Return to the money that is given to the security deposit for the person after the guarantee purpose is achieved "。Based on the characteristics of margin，There are related special rules。

First，margin "belonging" to the deposit to give people，Decided to give people priority to the equity of the deposit。Generally speaking，Given the priority to the right to bonds is hidden but not obvious，After the guarantee purpose is achieved，The margin shall be returned to the security deposit to the person，There is no right holder who does not compete with the security deposit，There is no need to discuss priority。But when the creditor's bankruptcy or other rights of the creditors claims rights，There will be a problem with different rights holders and post -inferiority.。Compared to other creditors who receive a deposit，The margin gives people and accepts the meaning of the rights and interests in the world.，The deposit gives people to use their own money as guarantee，Therefore, it is different from other types of creditors who have received people who have received people。Different from the guarantee account guarantee，General deposit guarantee due to the lack of public announcement to the third person，Hidden，Whether bet365 live casino games it constitutes an invisible guarantee，It is also worth further discussion。

2，The occurrence of margin is designed to guarantee specific debt，Special associated with the deposit and the guaranteed debt，Decided special offset rules between the two debts。When the debtor gives a deposit，I already have "I am willing to give you the deposit to you，It is because of liabilities for you "，"If you can't return my deposit，I don’t have the meaning of settlement for you for debt。From the perspective of creditors，There is "the reason why I am willing to debt，It is because you paid the security deposit "，"If you cannot pay the deposit，Then I don’t want you to owe you debt "。The meaning of this association，Decided the deposit to give a reasonable offset expectation，The debt that determines the debt and margin of the deposit and the deposit belongs to the "same contract" determined by Article 549 of the Civil Code，The offering of the two should be carried out in accordance with this new regulation，Margin's offset benefits are not affected by creditor's claims。

third，The occurrence and amount of margin equity have uncertainty，Decided the speciality of the deposit to the person's declaration of creditor's rights when the creditors bankruptcy。For the margin for people，Usually there are no questions to declare claims，But when the creditor who receives the deposit is bankrupt，The security deposit is given to the person to protect your own interests through declaration of claims，But at this time the bond interest and the specific amount are uncertain。For example，When the debtor who gives a deposit as a security deposit, when the debtor is breach of the contract，The deposit shall deduct the debt or other expenses in accordance with the deposit agreement，Return to it again，At this time, the point and specific amount of the deposit and the specific amount is not sure when the creditors who receive Bet365 app download the deposit are bankrupt.。Uncertain point when returning the debt is uncertain，It means that the creditors have not actually obtained their claims，Its creditor's rights cannot be claimed; the amount of return is uncertain，It means that the creditor’s claims are uncertain。At this time, the security deposit gives people to claim rights，How to claim rights，Obviously different from the general expiration determination of claims。

　(Author Unit: Wang Jian Law College of Suzhou University)