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Study On The Problems In Criminal Case Of Private Lending Cross Processing

Posted on:2017-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:K M MoFull Text:PDF
GTID:2336330533951415Subject:Law
Abstract/Summary:PDF Full Text Request
In our country,private lending,as an ancient way of investment and financing,has a long history and a wide range of social basis,compared with the formal financial institutions such as banks and other financial institutions.With the social progress and the development of the times,the folk lending case has become more complicated,more prominent is the case of private lending problems in criminal cross processing.All along,the civil loan involved in the criminal case has been widely concerned and studied by the theoretical circle and judicial practice of social law,and has become an important problem in the judicial practice.Private lending caused by violations of civil and criminal liability cross not only violates the norms of civil law,but also violated the criminal law,put forward the problem of folk lending involves cross ownership of the reality of civil and criminal cases.In proceedings involving private lending in the cross of civil and criminal cases,starting from the perspective of human rights protection,in order to maximize the protection of the legitimate rights and interests of victims against unlawful infringement,the court judges should adjust the priority for civil and commercial law,and criminal law as the last line of defense to the case.This difference requires the court judge can accurately distinguish normal folk lending and economic crime,advocate cautious penalty light punishment,properly handle disputes,to safeguard the social order in the financial sector,private lending behavior is to prevent the use of excessive criminal attack or normal intervention.Based on the summary review on the existing literature and Research on folk lending case processing problems in cross punishment,in order to deepen the understanding and study of the problem,to solve the problem of the criminal case of private lending processing cross the theoretical research and practical exploration of help.This paper is divided into thirty thousand parts,about five words:The first part discusses the folk lending to civil and criminal cross related problems,closely around the "sparse" and "blocking",has the definition of private lending,private lending,civil and criminal cross relates to the concept of civil and criminal cases such as cross,private lending that is generally good,is an important supplement of China's financial market,private lending cross involved in civil and criminal cases should be paid sufficient attention to justice.The second part introduces the folk lending involving civil and criminal cross typical cases,and to have a certain representative case in-depth thinking and analysis,this paper finds problems,folk lending legal responsibility for the judicial process model selection problem and so on,from the side reflects the status of China's private lending cross processing criminal cases in china.The third part mainly identified the legal liability involved in private lending,private lending werecombing civil liability and criminal liability,and the difference between normal private lending and economic crimes,involving private lending proposed in the crossed case of civil law in the treatment of cautious penalty light punishment,avoid the use of criminal law has occurred naturally or half unconsciously the excessive intervention of folk borrowing.The fourth part discusses the folk lending involves the selection of judicial mode of cross program of civil and criminal cases,respectively,weighing the first sentence after the judicial procedure mode,"first punishment" judicial mode,"criminal and civil judicial procedure separation mode between the advantages and disadvantages of the three kinds of judicial procedures,through model comparison,put forward the option to give the application of the judicial process model,in order to achieve the social effect and the legal effect of unity.The fifth part mainly discusses thinking to solve the problem of crossing private lending and punishment,think "cognizance" and "legal liability of private lending problem for the judicial process model to solve is not immutable and frozen,overnight,in order to protect the victim's rights and interests and protect the human rights of victims,also need to on the basis of the above,we provide scientific legislation of legal support,improved treatment methods,strengthen the private lending regulatory guidelines etc.
Keywords/Search Tags:Private lending, civil and criminal cross, legal liability, mode of judicial procedure
PDF Full Text Request
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