Research On The Contract Effectiveness And Handling Procedures Of Private Lending Cases Involving Illegal Fund-raising Crimes

Private lending,as the beneficial supplement of the formal financial financing,widely exists in all countries,and has a very long history.In recent years,in our country,the scale of private lending shows a tendency of rapid growth.The reason is that,compared with the formal financial financing,the characteristics or advantage of private lending is very obvious.The first,the debtor and creditor do not need complicated loan contract,and do not have to perform cumbersome security procedures.It is convenient and quick.The second,generally speaking,the debtor and creditor are relatively familiar people.Reviewing contract is not very strict,and is in short time.The debtor can quickly get the loan.Because of the characteristics of private lending,along with the fault of laws and regulations system about private lending of our country and the process of rapid development,many problems rise,which involved in illegal fund-raising crime problem.This issue which has always been the focus of the theory and practice is especially noticeable.The core of this issue is effect of contract and program processing.Theory and practice are unable to agree.So the study of this problem is very necessary.This article consists of five parts:The first part is an introduction,a brief account about the background of selected topic,research status and research methods.The second part mainly expounds two typical types in private lending cases,involving with illegal fund-raising crime.As we all know,illegal fund-raising crime is not a criminal law,but a general designation.In the illegal fund-raising crime,there are two kinds of crime,namely the crime of illegal absorb public deposits and the crime of fraud of the funds.Since the purpose of this article is contract effectiveness and program processing,so the second part simply introduce the two types crime.The third part and the fourth part is the focus of this article.The third part is about the contract effectiveness in private lending,involving illegal fund-raising crime.The author firstly sums up the main views about the problems at present,namely the invalid,effective and cancel.Then analyzes the causes of such differences.Finally expounds the personal opinion.The fourth part is about the program processing of private lending case which involve illegal fund-raising crime.Firstly,the author analyzes three kinds of processing mode,which is Penal Priority,Civil Priority and the equal of Penal and Civil.Then analyses the advantages and disadvantages of the three kinds of processing mode.The author argues that it should choose different modes according to different situations.Finally the author analyses the practice of process of private lending cases,involving illegal fund-raising crime.The fifth part is the conclusion part.