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Determining The Validity Of Loan The Contract On Interlocked Penal And Civil Cases

Posted on:2017-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:Z H PanFull Text:PDF
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The question of validity of loan contract which is related to illegal absorbing deposit of the public,it is effective in principle.The contract does not comply with Article 52 of the Contract Law.Simultaneously, the identification of contract is effective,which helps to balance the interests of all parties.In the loan contract effective basis, in the trial mode should be applied flexibly "parallel civil and criminal."Firstly, the general theory of interlocked penal and civil is researched.There are big differences between the evaluation of criminal conduct and contract action. Criminal offenses and civil behavior is to be adjusted separately from the criminal and civil law which are two different legal systems.It is real significance and judicial unify to maintain the legal order.The evaluation of the validity of the contract should be returned to the field of civil law.Secondly, by analyzing the crime of illegal deposits from the public related to the effectiveness of the legislation covered by the loan contract provisions, judicial attitude, doctrine controversy, understanding of the relevant factors negates the effective identification of the loan contract.Thirdly, discussion focuses on the reason which the loan contract is valid,in addition contracting parties of the loan contract in malicious collusion accomplish a fellowship in crime.Because the loan contract is incompatible with the situation of constitute legal form concealing illegal intention.Simultaneously,the loan contract doer not against the public interests and does not violate situations of mandatory provision by the law.Finally, There is a dilemma of the Loan Contract on interlocked penal and civil.To be more specifictrial, trial of criminal cases before trial in civil cases blindly will lead to many troubles, it is difficult to achieve debt loan contract as well.On this basis, the courts should use different ways according to the types of cases.
Keywords/Search Tags:interlocked penal and civil, illegal absorbing deposit of the public, validity of loan contract, mandatory norms
PDF Full Text Request
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