Research On The Overlapping Of Criminal And Civil Law Issues In The Secured Loan Fraud

the overlapping of criminal and civil law issues has become the focus of the criminal law theory and criminal judicial practice.However,the focus of traditional research is procedural,the research on the entity lacks attention.To solve the problems of criminal and civil cases,we need related theory to further answer and demonstrate.This thesis is based on the cases of secured loan fraud,from the perspective of entity and procedure,tries to review the results of traditional research emphasis and discuss the neglected areas of traditional research,hoping to clarify the problem of the overlapping of criminal and civil law in the secured loan fraud cases,and providing a useful theoretical reference for judicial practice.This thesis can be divided into four parts:The first part mainly introduces the problems that discussed in this thesis through two cases.On the entity,this part discusses the effect of civil contract and its influence on crime affirmation;On the procedure,it discusses how to resonably determine the conditions for the application of“criminal procedure priority to civil procedure”and“criminal procedure parallel with civil procedure”.The second partr mainly discusses the entity issues of secured loan fraud.Firstly,it analyzes the effect of the civil contract involved in the secured loan fraud,this thesis considers that the loan contract and the guarantee contract are not invalid.Secondly,it analyzes whether the loan contract and guarantee contract will affect the establishment of the crime of loan fraud,this thesis considers that the crime of loan fraud still can be established,and behavior of deceiving guarantor can be evaluated as cirme of fraud.Finally,it analyzes the civil remedies if has an impact on the establishment of the crime.this thesis considers that as long as it meets the conditions for the establishment of crime,even if there is the possibility of civil relief,can not deny the establishment of the crime.The third part mainly discusses the reason why effectivity of civil contract and the criminal offense exist at the same time.From the perspective of separation of civil contract validity and civil act legal,it considers that when civil contract is valid,the criminal offense will not be denied because of violating the unity of law order.When criminal offense is established,civil contract will not be invalid because of the serious illegal nature of the criminal act.The fourth part mainly discusses the choice of the procedure of the secured loan fraud.Through sorting and analyzing the current theory and legal basis,it considers that choice of the procedure shall go through two levels of judgment,in the first level,“the same legal fact”shall be used as the standard,determining to apply what a kind of procedural model;In the second level,“the case must be based on the results of another case”as the standard for the second time to judge,this is a perfect judgment method.