Determining The Validity Of The Contract Which Is Related To Illegal Absorbing Deposit Of The Public

In recent years, private lending plays an important role in solving the problems of financing difficulties of small and medium-sized enterprises. While the borrowers on suspicion of the crime of illegal absorbing deposits from the public frequent cases. The characteristics of these cases are large sums of money and more people have been involved also bring the bad social influence at the same time. It has great significance to handle such cases lawful and properly. Especially when the debtors have constitute the crime of illegal absorbing deposits from the public, the confirmation of the validity of the contract show its importance on protect the interests of the creditors. The academic existing three kinds of opposing views, they are worth exploring. The controversy of this issue in the judicial practice is relatively large. The results of handling this kind of cases may be quite different at the different courts or the same court but different judges. It is not conducive to the maintenance of the authority of law."Wu Guojun case" is the bulletin cases of the Supreme People’s Court. It use the "quantitative change and qualitative change theory" to explain the relations and differences between the behavior of private lending contracts and the crime of illegal deposits from the public. Which has decided that” the contract is not invalid just due to crime”. And define the trial process to deal such cases with "after the first sentence to the people", saying that the "parallel civil and criminal" is more appropriate view of such cases.The paper based on the analysis of "Wu Guojun case" shows that there will bring some defects of use the philosophy theory "quantitative change and qualitative change” to identify the validity of the contract. It needs the further academic expansion. Therefore, the article from the most controversial view of the mandatory provisions, the national interests and social public interests, department of autonomy, the modesty principle of criminal law and the principle of balancing of interests. The different views help us make an effective analysis on the main contract. On this basis to discuss the protection of the interests of creditors to provide evidence to guarantee the validity of the contract. At last, give some proposals on the concrete application of the “civil and criminal parallel program.