The Validity Of The Contract Involed In The Crime Of Illegal Absorb Public Deposits

The distinction between criminal law and civil law has been generated along with the differentiation of public and private law, both of them were implicated no matter in the procedural law or the substantive law, making our civil and criminal cross cases in the actual process problematic, resulting in serious damage to the parties’rights and social justice, and therefore, although civil and criminal cross-cutting issues were in the fringes of civil and criminal theoretical research, but it values double on the practice and theoretical research, specially, studying effectiveness of civil contract in which people commit the criminal cases is particularly urgent, because of the traditional referee thinking " Emphasis on criminal law, Contempt of civil law ", the phenomenon that grossly force guilty verdict in criminal law to deny he validity of the contract in the civil law is popular. In this paper, I focus on the validity of the contract which alleged crime of illegal deposits from the public, in line with the principles of the criteria to measure the effectiveness of civil must be strictly in civil legal norms and relying on the research of the previous people, combined with personal thinking, hoping to be able to systematically summarized and clarified the theory of contract’s effectiveness which alleged the crime of illegal deposits from the public,in order to provide a theoretical basis and practical support in dealing with these types of cases.The thesis consisit of the introduction, four chapters and conclusion. In the introduction, I explained the issues raised, the meaning and methods of research.The first chapter discussed the necessity of study the validity of the contract which involed in the crime of illegal deposits from the public. The validity of the borrowing contract involed in illegal deposits from the public related to all parties involved, especially the realization of the victims’interests, in addition, it has a great effect on the flow and safety of money,evern standardized development of private lending, in theory, this problem is related to the balanced development between the public rights and private rights,and there are practical urgency to be solved in practice, so there are dual necessity to research the effectiveness of contract which involed in the crime of illegal deposits from the public.The second chapter describes the status of academic research stage of their predecessors on the effectiveness of contract which involed in the crime of illegal deposits from the public, including three academic views, "Invalid", "Valid" and " Treated separately," every one were expounded the doctrine of the content and grounds, and reviewed them simplyThe third chapter is the core part of the article which research the validity of the contract involed in the crime of illegal deposits from the public from the perspective of substantive law, espeacially the "Civil Law " and " Contract Law", we should strictly obey the conditions whici a valid cntract should contact in the civil norms, in addition, giving some reasons to redute the " absolutely invalid theory", in order to demonstrate the effectiveness of contract both from positive and negative aspects.The fourth chapter is elaborating the absorption from the research the validity of the contract involed in the crime of illegal deposits from the public, including two levels, one refers to the solution to the cross cases on the procedural law, " criminal law priority, civil law secondly" is not an absolutely dealing principle, it should be specially treated based on different conditions, and the other refers to processed method when simultaneously given two ways maintaining personal interests, including criminal and civil ways,hoping to excite a common thinking.Finally, the concluding section...