Validity Recognition Of Folk Loan Contract In The Crossed Cases Of Civil Law And Criminal Law

Private lending has played an extremely important role in solving the financing difficulties between individuals and small,medium and micro enterprises.However,due to its own blind spontaneity,concealment and other disadvantages,private lending has developed vigorously.But at the same time,criminal crimes caused by private lending have occurred frequently.The intersecting problem of civilian punishment has always been a difficult problem that perplexed the theoretical circle and judicial practice.Especially under the intersecting vision of civilian punishment,the parties involved in the folk loan contract are suspected of criminal crimes,and the determination of contract validity related to criminal ACTS has become a difficult problem in judicial practice.The legal provisions on the determination of the validity of folk loan contract in the cross cases of civil and criminal law in China are quite confused,which leads to different judicial decisions.At the judgment choose process,judges consider “first on criminal law,then on civil law” as the principle of judgment in order to solve the cross-cases folk lending dispute between civil law and criminal law.The validity of the contract shall not be treated as an entity.The court may directly make an order to dismiss the suit or suspend the hearing,or directly determine the invalidity of the contract from the substantive point of view.From the Angle of recovering creditor's loss to the maximum extent,we should perfect this problem from procedure and entity.In the selection of procedure,establish “the principle of judgment both on criminal law and civil law,the exception of first on criminal law,then on civil law” trial mode.In terms of entity processing,although the criminal constitution is related to the civil legal relationship to some extent,the criminal act does not necessarily lead to the invalidation of the folk loan contract.Private loan contracts in cross cases between civil and criminal law shall be ascertained in strict accordance with the relevant provisions of the contract law of the People's Republic of China.In addition,the court should strengthen the communication between the justice departments.Within the court,according to the intellectual property court "three trials in one" trial mode,a special collegial panel for intersecting civil and criminal cases shall be established.A good communication mechanism should be established between the court,the public security organ and the procuratorial organ on the facts of folk lending cases and the transfer of cases in the cross cases of civil penalty and civil penalty in order to better solve theproblem of the effectiveness of the folk loan contract,reduce the occurrence of the phenomenon of the same case but different judgment and better safeguard the legitimate rights and interests of creditors.