Study On The Judicial Practice Of Cross-ministering Issues In Private Lending Disputes

With the rapid economic development,the people have accumulated a large amount of funds in their hands,the profitability of capital,and the increasing activeness of private-equity-finance activities,and the probability of criminal crimes related to private lending disputes has also greatly increased.The practice of illegal private financing is hidden,the supervision is difficult,and the legal norms related to private lending are not yet sound.The threshold for illegal fundraising is relatively low.The illegal capital raising represented by the crime of illegally absorbing public deposits continues to expand,and the strong suppression of privately-owned finance is also a blow to legitimate private lending.How to determine the crime and non-demarcation line of civil and criminal cross-cutting issues in private lending disputes? The effective regulation of private illicit capital financial communications can only be solved by severe punishment,and it cannot really solve the problem.Therefore,it is necessary to make appropriate adjustments to the idea of illegal private lending and to maintain a moderate tolerance and rationality in the criminal law system.The traditional treatment model of cross-ministerial issues in private lending,“Prison before the People”,reflects the ideological basis of weighting public power,light and private rights,and focusing on efficiency and justice,and has been increasingly questioned.For example,in cases of private loan disputes suspected of criminal offenses,it is the recidivism of the post-criminal penalty,the precedent penalty,or the punishment of the criminals.The local courts and even different judges will have different understandings and practices.Based on the academic foundation of private rights priority and the issue of the civil and criminal cross-cutting in private lending disputes,under certain conditions,the litigation model of the confession of the ancestors will be used to give the rights holder the right to choose the litigation model,so that the rights holders can independently choose whether to bring civil lawsuits.Litigation,in order to achieve the best results in the fight against crime and protection of rights and interests.The private loan involved cross-ministerial issues,often involving huge amounts of money,widespread victimization,large numbers of people,high interest rates on borrowed funds,difficulty in resolving funds involved in the case,etc.The recent outbreak of Shanghai Yi Yi Group's illegal absorption of funds amounted to approximately RMB 130 Billion yuan,the huge amount of funds involved in the case.The disposal of property in such cases involves the determination of whether the property is a crime or not,the difficulty of handling the investigation of the subject and the involved persons,and the difficulty in resolving a large number of funds involved in the case.It is urgently necessary to clarify the subject involved in the disposal of the property,covering the scope of the property,and improving the disposal.program.This article mainly discusses the separation of private lending disputes and criminal offenses,the selection of criminals and procedural choices,and the handling of property involved in the case,in order to explore better ways to deal with such cases.