Research On The Problem Of The Validity Of Contract In Cross Criminal And Civil Cases

The intersection of punishment and people originated from judicial practice,which is the product of the integration of law and facts in different departments in the process of economic development,and presents a complicated and varied situation which makes this kind of case difficult in the handling of judicial practice.In order to protect the legitimate rights and interests of the parties and the justice of the judiciary,civil contract,as the basis of the right holder's claim.is the most important part of the case.The author through the supreme people's court's judgment documents network combing found that even the higher courts in the judgment there are great differences,and there is no stable legal judgment rules,at the same time the theoretical circle also has different views on the problem,so it has important research value in practice and theory.In legal theory,criminal law and civil law belong to different legal departments,adjust their social relations.criminal law deals with crime and punishment,civil law adjusts the legal relationship between equal private owners.In view of this.from the perspective of the loan contract involved in the crime of fund-raising fraud,the author adheres to the principle that civil contract validity should be evaluated by civil norms,and analyzes and studies the relevant problems arising from the determination of contract validity in criminal cross-cases,in order to provide theoretical support for the handling of such cases in judicial practice.This paper is mainly composed of introduction and four chapters.The introduction explains the reason of the topic,the significance of the research and quotes the classic cases.The full text is mainly composed of introduction and four chapters.The introduction explains the reasons of the selected topic,the significance of the research and cites the classic case.The first chapter introduces the concept of criminal cross case and analyzes the types of criminal cross case.The second chapter discusses the necessity of analyzing the validity of contract in the cross-case-of torture and people.In theory,there are three main viewpoints in the academic circles:"invalid theory "."revocable theory "and" effective theory "which explain the reasons and contents of each viewpoint respectively.In practice.taking the private loan contract as an example,this paper discusses that our country has not yet formed a unified judgment view,the result of determining the validity of the contract has a significant impact on the interests of the parties to the contract and the third party.and the relief of the rights of the parties needs to take the result of the determination of the validity of the contract as the premise,and the research on this issue has practical urgency.The third chapter is the core part of this paper,taking the crime of fund-raising fraud as the perspective and combining with the relevant classic cases of the Supreme Court,the substantive law on the validity of the contract in the cross-case case of criminal severance is analyzed,mainly to disassemble article 52 of the Contract Law,so as to clarify how the clause sought as an invalid contract should be interpreted and applied by the court.And it is concluded that the loan contract in the fund-raising fraud case is not,of course,invalid.The fourth chapter puts forward the idea of solving the problem of determining the validity of contract in the cross-case of criminal people.On the one hand.we should adhere to the principle of economic convenience in litigation,the principle of full and reasonable relief of damaged rights and interests and the principle of justice and efficiency when determining the validity of contract in such cases.On the other hand,we should insist that civil trial is independent of criminal trial,and the determination of contract validity should be evaluated by civil norms;break through the procedure mode of "first punishment and then people",and apply the treatment mode of" first punishment and then punishment "or" parallel punishment "in the cross-case of criminal people;perfect the way of relief of the rights and interests of the parties to the contract and the third party,so as to better solve the problem of right relief after the determination of contract effectiveness.