Study On The Liability Of The Guarantor Under The Cross Between The Criminal And The People

With the continuous development of economy,the court in the trial of private lending,lending,financial guarantee disputes,usually accompanied by the crime of illegally absorbing public deposits,financial fraud,loan fraud and other criminal offenses,criminal and civil cross phenomenon appeared frequently,because of the different understanding for the application of 1998 No.7 judicial interpretations,leading to different there are a lot of Tongan sentence phenomenon in practice,different types of guarantee liability should be based on different laws,the scope does not extend 2015 Judicial Interpretation No.18.Private lending guarantee from the validity of the contract of cognizance of liability of the guarantor;financial guarantor for the loan of 1998 adhere to the applicable provisions of Judicial Interpretation No.7,according to the degree of fault of the guarantor bear the corresponding tort liability.This paper is divided into five chapters,the main contents are as follows:Chapter One:The judge of the liability of the guarantor under the cross between the criminal and the people.This paper briefly introduces six cases similar to the case,but the judgment basis and the results are somewhat different in the case of criminal and civil disputes,and further summarizes the procedural problems and substantive problems in the case.Chapter two:The way to judge the judge under the cross between the criminal and the people.This paper sums up the current theory and practice circles for the criminal and civil cross three main trial mode,analyzes their advantages and disadvantages,to determine the priority of the application of the criminal and civil parallel program.As well as two procedural problems in the response case.Chapter three:Under the guarantee of criminal and civil cross law judges,respectively 1998 7 and 2015 Judicial Interpretation No.18 judicial interpretation of the legislative background,content,and their "contract law","guarantee law" judicial interpretation of the logical connectivity.Chapter four:The type of criminal and civil liability of the guarantor under the cross,the distinction between civil lending guarantor and financial lending,discussed in private lending contract and guarantee liability from undertaking any nature;judicial interpretation of financial lending not suitable for private lending,from the contract should be invalid guarantee according to the degree of fault shall assume the tort liability;discusses the guarantee the establishment of accomplice.Chapter five:Review the shortcomings of the referee documents,and then sum up the full text,draw conclusions.