A Study On The Loan Contract Effectiveness Involved In The Crime Of Illegally Absorbing Public Deposits

With the gradual increase of the degree of reform and opening up,the country's economic strength has been constantly strengthened,and the private economic strength has developed rapidly.Small and medium-sized enterprises in the private economy are facing the spring breeze of reform and opening up and striding forward.Private lending is a common financing method for small and medium-sized enterprises,which plays a very important role in solving the problems of capital shortage,difficult financing through formal channels and high financing interest rate in the development of private economy.However,on the one hand,private lending promotes the prosperity of the market;on the other hand,it also affects the increase of the crime rate of related economic activities.The criminal cases suspected of illegally absorbing public deposits and illegal fund raising and other similar criminal cases account for a very high proportion of economic crimes.Crimes of this kind of economic activities often have the characteristics of large amount of money involved,involving many people and bad social influence,which seriously affects the stability of China's financial order and the stability and unity of the social environment.This kind of economic activity crime often involves the problem of handling the cross cases between civil and criminal.It is particularly important to handle such cases reasonably and legally,especially the civil disputes related to such cases.In the case of overlapping of civil and criminal legal norms,the validity of the folk loan contract involved in the crime of illegally absorbing public deposits is effective,and there is no invalid cause.Moreover,if the contract is deemed legal and effective,it will not only not destroy the unity of value of legal order,but also help to protect the interests of creditors,and realize the balance of interests between the parties to the private lending contract.In terms of trial mode,we should also adopt the civil procedure of "simultaneous execution of the civil and the punishment",which is beneficial to avoid the long delay of the case.First of all,in terms of the structure of the text,the author sorted out and summarized the difficulties and doubts in judging the validity of the contract involved in "non-crime taking" through the analysis of the legislative field,the judicial field and the academic and theoretical field.The author summarizes a large number of judicial practice cases,and through analysis and demonstration,clear the relevant contract effective theoretical basis.Secondly,this paper makes a general theoretical study on the validity of the loan contract involved in "non-crime taking",and indicates the author's opinion that the interests of contract obligee and obligor should not be out of balance in order to pursue the so-called unification of legal order."Non-crime absorption" is the interweaving of two behaviors,one is the criminal behavior of illegally absorbing social funds,the other is the contract behavior behind the illegal absorption of social funds.We should get rid of the shackles of public law and return to the field of private law to judge the effectiveness of private loan contracts.Thirdly,the author analyzes the validity of the contract involved in "non-sucking crime" by substantive law,and makes a multi-dimensional analysis of the "non-sucking crime theory" to clarify the conclusion of this paper,that is,the loan contract between natural persons involved in "non-sucking crime" should be valid.The argumentation level is also the core content and the main value of this paper.The end of the article,the author combed the current judicial organ "crossing" civil courts trial procedures and methods,through the comparison and analysis,the author denies the most judicial organ "first the punishment queen people" to be adopted in the form of trial,and affirmed the trial form of punishment and "people",the theory is put forward to solve the existing form of trial,contract both sides unequal rights and obligations,as well as the rights and interests of creditors have no way to get good protection provides a new train of thought and theoretical basis.