Study On The Civil Legal Issues In Criminal Cases Of Illegal Fund-Raising

In recent years,the crime of illegal fund-raising is becoming more and more serious,which seriously damages the order of market economy,affects the national economic security,and causes great economic losses to the people.Improper handling of illegal fund-raising cases will cause a series of social contradictions,affecting the development of local economy and social stability.The civil legal issues involved in illegal fund-raising are the focus of the theoretical and practical circles.There are great differences between the theoretical and practical circles on the validity,interest support and handling procedure of the private loan contract and guarantee contract.The study of the above issues is conducive to protecting the civil rights of fund-raising participants and safeguarding the authority of national laws.In this paper,the scope of the civil problems involved in illegal fund-raising is firstly framed,that is,the validity of the private loan contract and the guarantee contract,the disposal of the interest and the processing mode and other entities and procedures.This paper holds that the folk loan contract is not invalid because it involves the crime of illegal fund raising,and the validity of the folk loan contract should be determined in accordance with the relevant provisions of civil law.The folk loan contract in the case of illegal fund raising is effective in principle.The crime of illegal fund raising does not affect the effectiveness of guarantee contract,which is the slave contract of folk loan contract,and its effectiveness is dependent on the effectiveness of folk loan contract,which is also effective in principle.The interest is a part of the obligatory right,and the interest within the scope stipulated by law should be supported by law.Under the current procedural treatment mode in China,it is difficult to protect the legitimate rights and interests of the fund-raising participants,and the connection of criminal procedure is not smooth.In order to solve the above difficulties,this paper believes that the criminal procedure and civil procedure should be established in parallel.The civil property rights of the fund-raising participants can be relieved through civil litigation.The criminal judgment shall not be used to order the return or compensation.In terms of execution,the civil judgment shall be used as the basis for execution.