The deposit cannot be refunded. The deposit can be refunded. The nature of the deposit is that the deposit for breach of contract is subject to the penalty of the deposit, that is, the party who delivers the deposit defaults, and the recipient can claim not to return the deposit; If the recipient breaches the contract, the deliverer may claim twice the deposit. The deposit is generally regarded as an advance payment, that is, a performance guarantee, which is a unilateral guarantee from the payer to the receiver. If the recipient breaches the contract, it can only return the original deposit, and can not get double return; If the payer defaults, the recipient may, for various reasons, set the deposit as compensation or liquidated damages and refuse to return it. According to the relevant provisions of the current laws of our country, the deposit does not have the nature of deposit, and the people's court will not support the claim of the right of deposit by the party who pays the deposit.
 [Legal Basis]
 Article 587 of the Civil Code [Penalty for Deposit] When the debtor performs his obligation, the deposit shall be set off against the price or recovered. If the party who pays the deposit fails to perform its obligations or fails to perform its obligations in accordance with the agreement, which makes it impossible to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its obligations or fails to perform its obligations in accordance with the agreement, which makes it impossible to achieve the purpose of the contract, it shall return twice the amount of the deposit.
 Legal basis
 Article 587 of the Civil Code of the People's Republic of China [Penalty for Deposit] When the debtor performs the debt, the deposit shall be set off against the price or recovered. If the party who pays the deposit fails to perform its obligations or fails to perform its obligations in accordance with the agreement, which makes it impossible to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its obligations or fails to perform its obligations in accordance with the agreement, which makes it impossible to achieve the purpose of the contract, it shall return twice the amount of the deposit.