Study On The Effect Of Contract In Criminal Cases

The existing Criminal-Civil Cross issue is on the verge of civil law and criminal law theory.However,it has the dual research value of practice and theory.At the same time,in order to study the related legal issues of criminal cases,it is also an urgent need of judicial practice.In the case of the interweaving of civil and criminal,there is no clear legal and judicial interpretation in practice,which leads to conflicts in the application of the law,even in civil judgments.Private lending has been used as a means of financing for a long time.Private capital is extremely active.It is the main force to solve the financing difficulties of Small and medium-sized enterprises.The Supreme People's Court has issued judicial interpretations,in order to regulate the behavior of private lending,but the Criminal-Civil Cross issue in the private lending disputes is extremely complicated.It involves the validity of both parties to the loan contract and the issue of civil litigation.In view of the above situation,This paper attempts to use judicial practice to solve the problem of civil validity between civil law and criminal law,and systematically sorts out the civil effects involved in Criminal-Civil Cross issues,and clarifies the relevant contract validity issues in Criminal-Civil Cross issues,thus solving the confusion of practical practice.This paper focuses on the issue of the validity cognizance of the loan contract by criminal behavior,and deeply discusses the validity theory of the loan contract involved in the crime of illegally absorbing public deposits.Combined with the actual trial,analyses the validity of this kind of contract from multiple perspectives.The validity cognizance of the loan contract involved in illegally absorbing public deposits was studied.The full text is divided into four parts:Part ?: Discussing on the contract validity of the cross-criminal case,the theoretical and practical circles have made Absolute invalidity theory,validity theory and reversibility theory,and analyzed the reasons for different opinions and differences.Part ?: This section will focus on the “cognizance of the validity of a loan contract by a criminal act”.In the case of the crime of illegally absorbing public deposits,there are mainly three views in the theory.In this case,the court held that Fan Zhiwen constituted a crime,thus negating the validity of the loan contract.I thinkthat although Fan Zhiwen is suspected of crime,it does not necessarily affect the loan in this case.The validity of the contract will be explored.Part ?: This section will focus on the issue of the validity of the guarantee contract signed by Wang Jianmin and Zheng Zhuoqing.The court denied the validity of the contract based on Fan Zhiwen's suspected crime of illegal absorbing public deposits.I believe that the analysis of the guarantee contract must be combined with the specific case and cannot be simply determined by the relationship between the main contract and the subordinate contract.Part ?: Through analysis and summary,aiming at the problems arising from the contract validity in Criminal-Civil Cross issues,analyses and puts forward suggestions for improvement.