Analysis Of Problems Related To Private Lending And Fraud Criminal

A few years ago from a case of "Xu Ting" to the recent controversial case of"Wu Ying", people of the two cases should belong to civil law or criminal law relatedadjustment created a lot of controversy. With the development of society andeconomy, people’s living standards improve, the social behavior of people becomemore and more complex, resulting in legal difficulties in judicial practice, produce alot of difficult problems. For such a complicated case how to define the nature of thecase is the focus of academic discussion. The author selects the actual case, in lifethrough the case analysis, definition of private lending and the crime of fraud, and thecase is some divergent thinking, put forward loan case in judicial practice to preventthe crime of aggravated, and "criminal law" need to add some don’t need "the purposeof illegal possession" crime to adjust some situation the emergence of new.Private lending around us is very common one kind of civil legal act is verycommon, it and to borrow the name fraud crimes have many similarities inperformance, how to distinguish a case to belong to the folk loan disputes or fraudcrime in judicial practice, is a difficult problem, but also related to the protection ofthe parties the legitimate rights and interests and judicial justice, the right todistinguish between the two is of extraordinary significance, the author put forwardsome attention should be paid to the problems in judicial practice, hope that the lawtruly become the protective umbrella of citizens.I read some of the court case, selected in this typical case, through the case, andwith some works of other scholars, the use of case analysis, literature analysis,comparative analysis and other methods, the definition of private lending and thecrime of fraud, and the case is some divergent thinking, the debit and credit case inthe judicial practice to prevent severe punishment, should pay attention to the practiceof judicial criminal purpose of illegal possession in the identification problem, and the 《criminal law》 need to add some don’t need the "purpose of illegal possession"crime to adjust some of the emergence of new.