The Validity Of Contract In The Case Of Civil And Criminal

Private lending plays a very important role in solving the financing problem of small and medium enterprises, but due to various reasons, the disputes of the folk loan disputes in recent years are in an explosive trend. Law in the regulation of private lending should be fully evaluated its positive role, but should protect the legitimate rights and interests of the creditors in the process, and promote the good and orderly development of private lending. Contract disputes in private lending, the problem is increasingly prominent in civil and criminal cross. China’s relevant laws, regulations, judicial interpretation and less, leading to the problem of civil penalty in practice, the referee has different. Theoretical circles in the substantive law of the results of the study also very few, most of the people stay in the first sentence after the people, the ancients after the criminal, and other aspects of the program. So, the judicial practice of the Republic of China criminal case crossing complex guidance of legal relationship is obviously not enough, identification of the crossed case of civil law and criminal law in general civil contract get even more confusing. This paper attempts to folk lending contract perspective, the entity theory of criminal cases and civil cross and general contract effectiveness cognizance theory, based on linking theory with practice, comparative methods, explore the crossed case of civil law and criminal law under the general civil contract legal recognition, and propose their own system idea to solve the private loan contract dispute case of the Republic of China Criminal cross cutting issues.The first part of the private loan contract dispute cases involving the cross section of the civil penalty three cases and the problem. Through the author encountered in the judicial practice in the three cases, namely a common borrower loan, in which a borrower is caused by the referee to commit the crime of contract fraud in civil and criminal cross cutting issues, a guarantee lending cases, creditor’s rights and civil action to ensure reporting loan people suspected of criminal fraud, apply to the court to suspend the civil case trial, another for the common borrower the Lingan involving criminal in custody, leading to suspend the civil litigation. Three types of cases are caused by a series of problems.The second part is a summary of the cross of the people’s punishmentFocus on the problem of the cross of the people’s criminal law, the situation, the handling mode, introduction, combing the issue of public punishment. This paper expounds the three modes of dealing with the problem of the cross of civil and criminal law, and the formation of the pattern of the civil procedure in the first sentence of our country.The third part is the theory of contract effectiveness. The review includes the concept, classification, the conclusion of the contract, the effective components of the contract, the effective and effective, the effective, the contract of the contract and the invalid contract.Fourth part of the identification of the contract validity in the cross case of civil penalty. With the highest frequency of contract fraud crime, for example, according to the "contract law" provisions of Article 52 of the contract invalid cases discussed, contract fraud "fraud" counterpart in civil law "fraud", under normal circumstances is changeable and revocable contract, not null and void the contract.The fifth part puts forward the system conception to solve contract dispute cases of private lending in crossed problems. In solving the problem of civil loan contract dispute case, the paper puts forward three ideas, that is to abolish the principle of the first criminal after the people, to protect the third people, the exception of the case of illegal fund-raising.