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Research On The Cross Problem Between The Criminal And The People In The Cases Of Private Lending In China

Posted on:2021-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y X ZhangFull Text:PDF
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As a supplement to formal finance,private lending plays an increasingly important role in solving the financing difficulties of small and medium-sized enterprises.The legal and orderly private lending can activate the idle capital and promote the flow of various kinds of capital.However,due to the disorder of private lending itself and the lack of legal supervision,there are numerous cases of private lending evolving into the crime of illegal fund-raising in recent years,especially the cross problem between the criminal and the civil in private lending.On the cross issue of civil lending,which trial order should civil disputes and illegal fund-raising criminal cases follow,and the legal effect of the loan contract involved in the case have always been the issues of particular concern in the theoretical and practical circles.If these issues are not properly handled,it will not only affect the economic development,but also damage the authority of the judiciary.In addition to the preface and conclusion,the article is divided into four parts..The first part takes the cross cases of criminals and civilians as the starting point,and through the analysis of these typical cases,points out that there are some problems in judicial practice,such as the confusion of trial order and the inconsistency of contract validity.The second part of the text analysis of the folk related to the cross judicial interpretation of criminal justice system comb,elaborated the law and related judicial interpretation of the specific provisions of the cross cases of criminal justice,and the above provisions were briefly analyzed.The third part mainly studies the procedural level of the cross problem of folk loan and criminal.This paper analyzes the disadvantages of the trial methods of "punishment before the people" and "punishment after the people" one by one,points out that it cannot effectively and scientifically solve the problem of the cross between the criminal and the criminal for the crime of folk lending and illegal fund-raising,and puts forward that the procedural mechanism of "criminal and criminal parallel" should be established.The fourth part mainly studies the related entity problems after the establishment of the criminal parallel trial mechanism,including the effectiveness of the contract involved and the disposal of property.It is pointed out that the validity of private loan contracts should be determined according to the specific charges and different circumstances.At the same time,it points out that the present disposition of property involved in the case can not protect the interests of the victim well,and puts forward some Suggestions on the disposition of property through the civil execution procedure.
Keywords/Search Tags:Private lengding, Criminal procedure prior to civil procedure, Parallel punishment, Contract effectiveness
PDF Full Text Request
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