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The Validity Determination Of Loan Contract Related To The Illegally Absorbing Public Deposits

Posted on:2020-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2416330572986774Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,China's small and medium-sized enterprises financing problems have spawned a huge private loan market.At the expense of high interest rates,business owners raise funds from the public by means of borrowing.Even some criminals absorb a large number of funds high interest re-loaning to a third party through the way of private lending in order to seek windfall profits.Their acts constitute the crime of illegally absorbing public deposits and should be severely punished.For an actor suspected of or has constituted a criminal offence,how to deal with the loan contract signed by the debtor and the creditor and whether the loan contract is invalid due to the criminal offence has been the focus of debate between the theoretical circle and the judicial practice circle.The cases of private lending suspected of illegally absorbing public deposits involve two different branch laws,civil law and criminal law.Both legal relationships should be considered in the process of case handling.Moreover,the crime of illegally absorbing public deposits usually involves a large amount of money and involves a wide range of people.Once the loan contract involved in the case is improperly handled,it is easy to cause mass incidents and cause serious social consequences.On this issue,there are three mutually opposing views in the theoretical circle: "ineffective theory","effective theory",and "discriminating treatment theory".The current legal provisions are mostly focused on the procedures processing,and there is no clear regulation on the validity of the loan contract for illegally absorbing public deposits.In judicial practice,the courts do not have uniform referee standards.When the court hears the private lending dispute case,it should make a clear distinction between private lending activities and the illegal absorbing public deposits,and judge the validity of loan contracts strictly according to civil laws and regulations.And The court should analyze the situation of the invalidity of the contract stipulated in the Contract Law of the People's Republic of China to prevent excessive interference of public law in private law.
Keywords/Search Tags:crime of illegally absorbing public deposits, validity of loan contract, validity determination
PDF Full Text Request
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