Research On Application Of Procedure Of Private Lending In Cases Involving Criminal And Civil Laws

In recent years,private financing with private lending as the main form is very active,to some extent,it makes up for the lack of formal financing.But at the same time,due to the inherent defects of the legal norms,coupled with the folk lending procedures are not standard,the lack of credit system,profit drive,resulting in this kind of behavior has the risk of overstepping the legal boundary and touching the penalty domain.With the occurrence of cases such as illegal absorption of public deposits and fund-raising fraud,criminal crimes and civil disputes caused by the same objective facts or partially or completely overlapping two facts are intertwined,which is the so-called cross of civil lending and punishment.The settlement of the cross of civil lending and punishment dispute mainly includes the coordination of the procedure and the determination of the entity responsibility.The processing of program problem is the premise and foundation of entity processing.And the choice of procedure is really a very difficult problem.Take private lending case suspected of illegal fundraising as an example,In the admissibility of the case: criminal proceedings are used to block the progress of civil proceedings in judicial practice;there is no coordinated judicial treatment,and the relevant provisions are not clear enough;and the reasonable transformation of litigation procedure is not easy to operate inpractice.At the trial stage: The property rights and interests of the victims cannot be fully protected;A legally effective civil judgment has no res judicature for a criminal judgment.In order to solve the procedural dilemma of the cross of civil lending and punishment and in particular the prominent problems existing in judicial practice should be addressed: strictly apply the criminal procedure to avoid the frequent phenomenon that criminal proceedings are used to block the progress of civil proceedings;According to the types of cross cases of civil lending and punishment,the choice of procedure should be made clear;pay attention to the transformation and convergence of the procedure;pay attention to the protection of the legitimate rights and interests of creditors,so as to maximize the protection of the property interests of the victims;respect the civil judgments and mediation documents that have been in force;Finally,standardize the behavior of folk lending and prevent criminal crimes.If the above problems can be properly handled,the trial efficiency of private lending cases will be greatly improved,creditors' property interests will be fully protected,and private financial activities will be safer,more efficient and more dynamic.