The Validity Of The Contract In Illegal Fund-raising Cases

In recent years, the number of illegal fund-raising cases is on the rise. Local courts, especially the coastal areas, have obviously felt the pressure they brought about. Especially some new problems during this period are bringing troubles to the trial court. Such as the current one of the more prominent issues- the effectiveness of the contract shall be involved in how to recognize, it has become the focus of judicial practice and the legal theory hot. Contracts involving illegal fund-raising case are different from the general civil contract, which will involve both legal relationship, not only need to consider the process of civil legal relations, but also necessary to take into account the good handling of criminal legal relations. So how to identify the validity of the contract of cases of illegal fund-raising has become a across the criminal and civil legal relations of the two problems. The answers from academics, lawyers and judges in the face of this problem can be described as given is not the same, both support contract invalid, but also support the validity of the contract, a dispute over the time of the two positions. Therefore, I address this emerging issue in the magistracy standpoint, the current study the essence of the court referee and its legal basis and find out the deficiencies and shortcomings of the judicial practice exists, and finally try to make some targeted and effectiveness of measures to improve.This article consists of seven parts.The first part frankly raises the question, indicating that the Chinese judicial practice in the cases of illegal fund-raising on the validity of the contract has not yet formed a unified consensus on the issue. In the case, some trial courts find that the contract is invalid, while some other courts find that the contract is valid. How effective contract involving illegal fund-raising case accurately identify the current judicial practice has become urgent, and important issues must be addressed.The second part of the paper is to explore the main source of the problem of illegal fund-raising case the validity of contracts identified, looking for the root causes of this judicial problem arising. After sorting out the relevant provisions in the late 25 years in depth and analysis, we finally find out that the absence of special rules eventually leads to the lack of uniformity of the situation.The third part is to explore the main illegal fund-raising case judicial determination of the validity of contracts, trying to find out a court dealing with such cases in a relatively uniform approach among the decisions of the Court. By the decisions of the Court of carding and summary it can be found in the mainstream of the current court practices related cases involving the crime of contract is recognized invalid.The fourth part is mainly to expand Magistrates Court Review. In-depth exploration of the essence of the court referee expands its legal analysis, detailed description of rationality, as well as its inherent defect existing therein contained- it expects to suppress and eliminate illegal fund-raising activities through punitive measures, which is not consistent with current the social reality.The fifth part of the article tries to make a perfect suggestion: when the court finds that the contract should be applied in cases of illegal fund-raising effect discrimination rules, protection of bona fide lender, finds its contract effective against non-bona fide lender, which finds void their contract. Through this simple and clear incentive mechanism to guide and regulate the behavior of people involved in fund-raising.The sixth part of the article discusses three issues to ensure the integrity of the article: First, the "crime not effective, not effective crime" mindset; second, the value of goodwill lenders and guarantors choose between; third, analysis of judicial interpretation and contradiction between.The seventh part of the article discusses the main issues from the future prospects. Our expectation is capable of binding the reality, as soon as possible to develop a specialized law. Only in this way, to be able to effectively deal with illegal fund-raising guidelines court cases related issues.