Research On The Problem Of Interlocked Penal And Civil Issue In The Crime Of Illegally Absorbing Public Deposits

In recent years,with the frequent occurrence of illegal absorption of public deposits,the issue of the cross of criminal and civil involved in this crime has also received increasing attention.The crime of illegally absorbing public deposits is transformed from private lending,and there is a process of conversion from legal to illegal.These issues are directly related to the interests of the parties,especially the victims.There will be a series of problems between the criminal act of illegally absorbing public deposits and the civil behavior of private lending,which will lead to a series of problems of the cross of criminal and civil.These problems are directly related to the interests of the parties concerned,especially the victims.Moreover,illegal absorption of public deposits is a typical crime involving a large number of people,a large amount of money.Moreover,the illegal absorption of public deposits is a typical type of crime involving the public.If it is not handled properly,it is easy to stimulate the dissatisfaction of the masses and eventually turn into a vicious event in society.How to properly handle the case of the cross criminal and civil and illegal absorption of public deposits has become a very difficult but still need to be solved in the judicial practice.Therefore,it is of great significance to study the problem of interlocked penal and civil in the crime of illegally absorbing deposits.It can not only solve the confusion of judicial practice,but also stabilize the mood of the people and maintain social stability.This paper attempts to study and analyze the problem of the intersection of criminals and people in the crime of illegally absorbing public deposits,in order to solve the problems and dilemmas encountered in practice.This paper consists of four parts:The first part of this paper introduces the related theories of the case of the cross criminal and civil and illegal absorption of public deposits.It also analyzes the characteristics of Interlocked penal and civil issue in the crime of illegally absorbing deposits.The second part focuses on several difficult problems in the criminal-civil crosscase of illegally absorbing public deposits.(1)the validity of the loan contract.how to evaluate the validity of the loan contract when it is illegal absorption of public deposits?(2)Guarantee liability.As the guarantee contract of the loan contract,when the borrower is unable to pay off the debt after being suspected of illegally absorbing the public deposit,the lender will turn to the guarantor to assume the guarantee responsibility.Can the guarantor claim that the guarantor is not liable for the invalidity of the guarantee contract on the grounds of being suspected of a criminal offence?(3)the impact of criminal judgment on civil cases.Since both criminal and civil matters are involved,there will be conflicts between the two types of proceedings.The standard of proof of criminal judgment is much higher than that of civil judgment.Therefore,Does the fact determined by criminal trial affect the civil judgment?(4)Whether vested interest should be recovered.The current legal provisions believe that it should be recovered,it not only causes great difficulties for implementation,but also hinders the development of private financing and even leads to instability of transactions.Therefore,in practice,There is a great controversy over whether interest should be recovered.(5)Whether a civil suit can be filed after the criminal judgment.According to the provisions of the current law,it is basically not allowed to sue separately,which is equivalent to indirectly depriving the victim of the civil right of action,resulting in the victim's civil rights cannot be guaranteed.Therefore,in practice,there is also disagreement on whether a civil action can be taken after a criminal trial.The third part analyzes the mode used in the practice of dealing with criminal cases of illegally absorbing public deposits.the advantages and disadvantages of the model of the criminal first of the civil? the impact of the criminal first of the civil and civil proceedings and criminal proceedings keeping abreast on solving specific problemsThe fourth part puts forward myself views and specific measures on solving the above difficult problems from the aspects of separation of criminal and civil law,independence of civil trial from criminal trial,no recovery of interest in principle,and that criminal judgment does not constitute an obstacle to civil litigation.In order to better deal with the criminal and civil cross-cutting issues involved in the crime ofillegally absorbing public deposits in practice.