The Application Of Laws Of Illegal Crime Involving Private Lending

At present, our country folk lending has become increasingly active, borrowing scale expands unceasingly. Private lending as a supplement to the formal financial means, in promoting economic development plays a role can not be ignored. But at the same time, the illegal and criminal case caused by private lending also constantly emerging, these cases show new characteristics with economic development constantly, to our country judicial departments to crack down on illegal and criminal activities has brought new problems.At present, to regulate private lending activities, our country mainly adopts "administrative controls (mainly) and criminal punishment (auxiliary)" the combination of the way. For legal "private lending behavior", "general principles of the civil law in our country and some provisions of contract law "shall be the standard and protection. However, with the development of the socialist market economy, all kinds of illegal fund-raising behavior under various cover publicly to evade the laws and regulations, illegally accepting illegal and criminal ACTS such as blustery, gradually into the scope of criminal law in our country. Therefore, in the "administrative regulation and criminal regulation" the edge of the combination is not in place, it is easy to happen to indulge in "private lending" cover for illegal fund-raising activities, lead to the criminal law on the crime and the crime, this crime and the controversy of sin, which is difficult to accurately. For example, before the "billionaire before illegal absorbing public deposits" and "wu ying fund-raising fraud" by the media speculation, triggered the illegal fund-raising cases criminal issues related research boom.I worked in Zhangqiu the People’s Procuratorate, the paper will also from accept illegal fund-raising cases at our hospital, to controversy focus problems as the breakthrough point, on the basis of the existing laws and regulations, for the folk lending caused by illegal fund-raising crime studies the applicable law, in order to benefit the judicial practice.