Research On The Overlapping Of Criminal And Civil Law Issues In Such Cases Of Housing Mortgage With Fake Identity

In the civil domain,real estate mortgage is a very common lending practice for loan.However,there is a phenomenon that the borrower defrauds the loan by means of false mortgage but the house owner knows nothing about it.If such behavior is suspected of crime of fraud,when the relevant obligee appeals to the court:On the one hand,the court needs to consider the procedure selection of the cross between the criminal and the civilian;On the other hand,from the perspective of substantive disposition of civil issues,it is also necessary to clarify how to balance the rights and interests between the creditor of the real right secured by real estate mortgage and the real owner who's house was hypothecated with fake identity.Starting from the integration and analysis of the cases,this paper will sort out the different thoughts of judicial organs in hearing such cases,clarify the blind spots in handling such cases in judicial practice during the civil proceedings,and find a proper path to solve such cases in the combination of practice and academic theories.The full text aims to solve two main problems:One is the procedure selection of civil court under different circumstances when cases of housing mortgage with fake identity is involved in the overlapping of criminal and civil law issues:Dismissal of the claim,suspension of the trial,the civil disputes shall be settled after the criminal judgment becomes effective.In view of the common dilemma that the civil rights and interests of the right holder cannot be relieved for a long time due to the long duration of criminal investigation after the procedure selection of criminal action preceding civil action,the author will propose a system setting of "Unlock the Suspension" in civil trial.After a certain period of time has been pending in the long-term investigation of criminal proceedings or the investigation evidence has reached a certain standard,the real owner who's house was hypothecated with fake identity may apply to the civil court for the unlock of "criminal action preceding civil action",that is to say,even if the criminal lawsuit is pending,if the criminal procedure reaches a certain period or the criminal investigation evidence reaches the civil proof standard,the civil court can still resume the trial and make a judgment on the civil dispute;It will also focus on the analysis of the rationality of the new system and of new problems that may arise later,as well as the analysis of the feasibility(cost-benefit)and of generalization of the implementation of"Unlock the Suspension".The other is to solve the civil entity problems after the procedure is determined and the civil court can hear on its own,such as the rights and interests balance between the ownership of the real holder of the house that is falsely used as the mortgage guarantee and the mortgage right of the lender who is cheated:Identify that the mortgage contract is not established,and judge the balance of the two parties' rights and interests from the priority principle of real right and the principle of fault liability.So that the procedure and the entity problems about the overlapping of criminal and civil law issues in such cases of housing mortgage with fake identity are more fully demonstrated and argued.