Font Size: a A A

Study On The Litigation Procedure Of Criminal Cases Involving Private Lending

Posted on:2021-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:M M DongFull Text:PDF
GTID:2416330611980552Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid operation of the economy and the complex and changeable social relations,it is difficult for the current legislation to adjust various emerging legal relations,which brings new challenges to the judicial judgment.Due to the nature of its own interests and the lack of supervision by relevant departments,disputes in private lending can be easily converted into economic crimes,such as the crime of illegally absorbing public deposits and the crime of fund-raising fraud.In addition,in order to ensure the signing of the private loan contract,one party forges seals,certificates and other illegal and criminal activities in the early stage,which also involves the intersection between criminal crimes and private loan disputes.The resulting phenomenon of intersection and overlap between criminal cases and civil cases is generally referred to as criminal cases involving private loan.As a typical type of criminal cases involving folk lending,the criminal cases involve a wide range of criminal crimes,with a large number and types.For a long time,the application of criminal procedure before civil procedure is considered to be the guiding principle to solve such cases,which has been widely used in judicial practice.However,there are many problems in the process of the application of the civil procedure after the first penalty,especially the protection of the interests of the victim.As for the procedural handling of criminal cross cases and the determination of substantive facts,the theoretical circle has long been involved in and the research results are abundant,under the background of this research,this paper further analyzes the unique characteristics of criminal cases involving private lending,and combines the current legislative status and judicial dilemma,by means of punishment and punishment after people first two parallel proceedings in theory and practice on the legitimacy and rationality,to explore the folk lending procedures involved in the crime cases of solution.In the end,it is concluded that the parallel proceedings as torture people solve such case processing principle,and under special circumstances allow forpunishment queen people proceeding first,at the same time,further improve the procedures of punishment and cohesion mechanism,in order to achieve strong fighting crime and protect the interests of victims to the greatest extent.
Keywords/Search Tags:private lending involved in crime, first the punishment queen people, parallel torture people, victim protection
PDF Full Text Request
Related items