Research On The Management Of Cross Cases Of Criminal And Civil Cases In Private Lending

Private lending is a kind of folk financial activities, which has a long history and is widely existed in the world. In our country, as a regular financial reasonable supplement of private lending, because of its simple procedure, the lending quickly and increasingly become active. However, due to Chinese faulty financial and legal system is not perfect, private lending itself blind, spontaneous, disorderly development led to a surge in illegal and criminal cases. And trial practice, folk debit and credit problem has many problems include civil and criminal intersection problem which is a long-standing legal theory and judicial practice difficult problem. Therefore, the research on this problem has important practical significance.This thesis consists of four parts:The first part gives a main overview of the interlocked penal and civil cases, which means in such cases,civil cases and criminal cases in legal facts and legal subject has completely or partily overlap, resulting in cases of criminal, civil part between the handler, responsibility, and much aspect of intercross and penetration.The second part mainly discusses the processing mode of folk lending civil and criminal case crossing program, we should overcome the simeple thoughts of criminal law, distinguish civil and criminal cross different types in accordance with the characteristics of folk lending case, and flexible apply different methods.The third part focuses on the contract of private lending interlocked penal and civil cases. The validity of contract has been the focus of this kind of case research, in academic circles produced different judge about it, the author thinks that the contract of private lending interlocked penal and civil cases is not certainly no effect. It should notproclaimed comepletely null and vold just because it suspected criminal cases. We should identified invalid contract according to the provisions of Law of contract and the specific circumstances of different cases.The fourth part is the main contract dispute guarantee contract dispute procedure and entity problem research, bring a suit directly in the lenders joint liability assures the person, I think that the legitimate rights and interests of lender should be protect, and such lawsuits should be accepted by the court to make a dispose about the guarantee contract and liability of the warrantor.