Abstract
The plaintiff Hu Guangrong has made four term deposits in Changsha Branch of XX Bank in Hunan Province, the total amount of which is USD 48,000. On 31st January 1996, upon expiration of the deposit accounts, he went to the bank with the deposit receipts to withdraw the money, but an employee of the bank told him that his deposits had been withdrawn already. The employee said the four term deposits were taken by “Hu Guangren” who claimed to be Hu Guangrong’s younger brother. That person used his and Huang Guangrong’s ID cards to report the lost of the deposit receipts on 12th January 1996, and, going through the reporting-for-lost formalities, saved those money into another current account on 19th January, then exchanged the money into RMB and withdrew all the money on 25th January.
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Notes
- 1.
See Xiang and Shu (1998).
- 2.
Here refers to the Criminal Procedure Law amended in 1996. The Article 49 of the Criminal Procedure Law amended in 2012 uses the concept of “the burden of proof”.
- 3.
Bian (2004).
- 4.
See Bian (2000).
- 5.
See https://en.wikipedia.org/wiki/George_Zimmerman, retrieved on 10 April 2017.
- 6.
See Waltz (1983, p. 277).
- 7.
CPCL was promulgated by NPC in 1986. On 15th March 2017, NPC passed the General Provisions of Civil Law (GPCL), being effective on 1st October 2017. However, CPCL will still be effective then.
- 8.
Garner (1999).
- 9.
See Zhang (1997).
- 10.
Waltz (1983, p. 282).
References
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Garner, Bryan A. (ed). 1999. Black’s law dictionary, 7th ed, 378. West Group: St. Paul.
Waltz, Jon. 1983. Criminal evidence, 2nd ed. Chicago: Nelson-Hall Press.
Xiang, Jidong, Shaofu Shu. 1998. Savings account book: how let me believe on you—about a case of 400,000 RMB saving claim. Law and Life 1.
Zhang, Wen, et al. 1997. Essentials of criminal liabilities, 91–92. Beijing: Peking University Press.
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He, J. (2018). The Burden of Judicial Proof. In: Methodology of Judicial Proof and Presumption. Masterpieces of Contemporary Jurisprudents in China. Springer, Singapore. https://doi.org/10.1007/978-981-10-8025-8_5
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