Research On Criminal Civil Cross Substantive Problem Of Private Lending

In the judicial practice,it is wrong to qualitative identify differences between contract disputes of private lending and contract fraud of private lending.Meanwhile,"both sides to cheat" case is complicated and typical."Both sides to cheat" refers to the actor carried out the first behavior of the fraud,and as a tool,to implement the second cheating."Both sides to cheat" refers criminal civil cross substantive problem,and its legal relationship is much more complicated.If the contract fraud is mistaken for contract civil dispute,can indulge the criminal suspect,which is not conducive to protect the victim's legitimate rights and interests.If contract civil dispute is mistaken for contract fraud,can cause errors,which is not conducive to the free flow of folk capital,and is not conducive to the development of the socialist market economy.This paper probes into researching on criminal civil cross substantive problem of private lending——a case study of Chen Moumou contract fraud.Systematic evaluations of these phenomenon which the civil law and criminal law relations intertwined caused by the same private lending behavior.According to the theory of law and the law,distinguish contract civil disputes and criminal fraud,especially for"both sides to cheat"."Both sides to cheat" is not a simple addition of two cheating,but exist a certain correlation between the two cheating.Due to the amount of people who involved in this case is excessive,it has great difficulty on stolen goods processing.The focus of this study is to "both sides to cheat" qualitative analysis,including the victim identified in the serial contract fraud,distinguish loan disputes and criminal fraud,on the contract effectiveness of any contract fraud case involving both civil and criminal laws,determination of the amount of crime,the purpose of illegal possession,etc.On the criminal law as crime of fraud of the contract,the contract is not necessarily lead to civil field is invalid.In the same case,the criminal law on the crime of fraud of the contract and the civil law of ostensible agency can coexist.In addition,criminal law to combat criminal acts to protect legal interests,maintaining social order.Civil law focuses on the safety of transactions.This difference leads to the phenomenon of cross and even conflict between criminal and civil law,but the ultimate value goal is the same.In private mortgage loan relationships,the cognizance of contract effectiveness and housing property ownership should apply to the civil law rules.The fault of the right subject has an important influence on the handling of the case.Compared with the lender who is believed to have notarized a power of attorney,housing property owners are more likely to control the risk of their own property mortgage registration.This determines that the housing property owners has the presumptive fault.So the mortgagee of good faith without fault has priority to protect the legitimate rights and interests.