The Determination Of The Validity Of The Civil Loan Contract In The Civil Penalty Cross Cases

In recent years,China's economic development has made great progress,people's living standards are improving,in a critical period of economic reform,promote and implement the national public entrepreneurship,innovation,entrepreneurial enthusiasm of the people is rising,the emergence of a number of a number of small and micro enterprises,it expands employment,promoting technology innovation.But these companies are often poor in financing and are difficult to resist.In order to solve the financial difficulties,private lending has been increasingly favored by the people because of its simple procedure and fast loan.It has become an important channel for the majority of market players to get funds for production and living.With private lending has become increasingly active in the market economy,the blindness and spontaneous,hidden defects appear gradually,because China's financial supervision system is not perfect,the lack of regulation of private lending brought many negative effects to the market economy,people risk and the cost of borrowing is more and more prominent,private lending disputes triggered by the economic It is often seen.Moreover,the main body of private lending is multiple,means concealed,and the number is much more.The court is very difficult to judge these cases,and it also brings great pressure to the judges.Among these many private lending cases,there is a typical lending relationship,that is,private lending is combined with economic crime in a criminal law field.There are two different legal relationships arising from the same legal fact,causing civil and criminal cross cases.The common thing in life is the crime of fraud,illegal fund-raising,or the illegal absorption of public deposits in private lending cases.The high incidence of such cases has become a problem that can not be ignored in the trial practice.In this paper,the validity of the contract crime which is a typical civil and criminal cross problem as the research object,on the basis of previous research results,combined with personal thinking,I hope to clarify the effect of relationship between private lending contract crime,of such cases will provide theoretical and practical support.The full text is composed of three parts,which are the introduction,the text and the conclusion.In the introduction part,it introduces the background of the study,the present situation of our country and the purpose and significance of the research.introduces the basic theory of civil and criminal intersecting and private lending.Introduce the concept of civil and criminal cross,and the private lending contract system,hoping to provide strong theoretical support for the follow-up discussion relationship between crime of contract validity.The second chapter introduces the principle of determining the effectiveness of the loan contract in the cross cases of civil and criminal cases,because the identification of private lending contracts is related to the interests of many parties in civil and criminal cross cases.When judging the validity of contracts,we must not follow the same criteria.Therefore,this chapter starts from the distinction and connection between civil law and criminal law,the interests balance between public and private rights,the interests of all parties,and the security and stability of the lending market,so as to identify the direction of the effectiveness of the two contracts.The third chapter introduces the status of Cross Validity of civil and criminal cases in the private lending contract,including the different theories of judging the validity of legislative and judicial status and the relationship between crime of contract.The present situation of the legislation mainly focuses on the latest judicial interpretations of the provisions on private lending issued by the highest Academy in June 2015.In the judicial status of the crime of contract validity of association,the analysis of some data of the Supreme Court judgment of the insert,and based on real case verdict as to prove his argument,make the thesis more three-dimensional,more persuasive.In addition,this chapter also introduces the theoretical viewpoints on validity of contract in the cross of civil and criminal cases,including the "effective" and "invalid",on the two theories,the author treat this theory in a dialectical perspective,the opposite argument from the disadvantages of the two theories,hope of these two theories are clearer and more stereoscopic perception.The fourth chapter is the core content of this article.It mainly analyzes the effectiveness of contract under the circumstances of civil and criminal cross cases,and introduces the identification criteria of several types of private lending contracts,including fraud,The body part is composed of four chapters.The first chapter systematically crime of illegal fund-raising,and the crime of illegally absorbing public deposits.In the specific crime of loan contract Association,the author did not be identified as the contract valid or invalid contract,but according to different circumstances,depending on the specific situation analysis when it is invalid when it is effective when it is pending,hope this specific division can provide a reasonable solution for the problem of theoretical research and practical processing in the cross of civil law and criminal law.The last part is the conclusion of this article,which is a summary of the effectiveness of the cross contract of civil punishment.It is to determine the validity of this type of contract from the macro level.