Research On The Validity Of The Private Loan Contract In Criminal And Civil Cases

The folk accommodation which is accompanied by the development of financing accommodation of the national financial Institution,is a kind of nongovernmental financing form,is the supplement of formal financial financing,and is an important part of our social and economic life.Before the special judicial interpretation on folk lending was published,the folk accommodation was limited to the financing behavior between natural persons,nature persons and legal persons and other organizations.In 2015,the Supreme People's Court published the special judicial interpretation on folk lending,the judicial interpretation stipulates that the folk accommodation contains the financial intermediation between legal persons and organizations which is limited to allow lending behavior between enterprises.The expansion of the private lending scope is an innovation on the basis of the experience of judicial practice,and also an attempt to solve the contradiction between the regulation of financial order and the requirement of financing in complex economic environment.It is precisely because of the expansion of the scope of private lending coverage,the increasingly rich and complex of the means and channels the financial intermediation is,and the drive of the interests,lending behavior constantly touch the legal and illegal boundaries.Once the border is crossed,the civil accommodation dispute is compounded by the involvement of another legal relationship,which is the so-called "the cross of criminal and civil".At present,the standard of the cross of criminal and civil is immature and not perfect.Therefore,the civil accommodation dispute cases in the illegal fund-raising and other criminal offences will be judged in different results in practice due to the lack of clarity or lack of relevant legal norms.The purpose of this paper is to analyze the different ways used in the judicial practice in determining the effect of folk accommodation contract which is involving the cross of criminal and civil,point out the rationality and irrationality,and combines the available results of the theoretical research on the private accommodation cases and the criminal cases and then put forward some suggestions on perfecting the determining of the validity of the civil accommodation contract involving the cross of the criminal and civil on the basis of the existing legal norms and systems.The first chapter introduces the legal norms and Judicial interpretations that can be applied to deal with the effect of private accommodation contract in the case that involving the cross of criminal and civil,including the provisions of the general principles of contract law on the validity of the contract and the provisions of the accommodation contract,the Judicial interpretations made by the Supreme People's Court on the trial of economic disputes,illegal fund-raising cases,and the case that involving the cross of criminal and civil,the local documents and opinions of private accommodation.The purpose of this paper is to organize the basis for the disposition of the cases of folk accommodation disputes that involving the cross of criminal and civil,and to lay a foundation for the analyzing of various dispositions in judicial practice in what follows in the passage.The second chapter mainly by the enumeration of judicial cases,analysis and summary the different ways and reasons adopted by the courts when the private accommodation disputes involving different criminal cases,and then discuss the problems and controversy in judicial practice,which including the confusion of judicial treatment mode of the criminal and civil cross,affirm all the civil accommodation contracts which are suspected or constituted a criminal offence invalid,confuse the relationship between security and accommodation,and the criminal procedure is excessively involved in the field of private law.In the third chapter,mainly puts forward some suggestions about the affirm of the validity of the accommodation contract which involving the cross of civil and criminal on the basis of the problems and controversy introduced in the second chapter.These suggestions are based on the existing legal norms,by absorbing the superior standpoint of the confirm of the validity of the accommodation contract which involving the cross of civil and criminal in the practice and theory,and corresponding to the main problems in judicial practice,which including the clear and definite of the applicable conditions of the judicial treatment model of the cross of civil and criminal,the define of the standard of the validity of the contract and the types and boundaries of the legal relations in the civil accommodation dispute cases with the existence of the cross of the criminal and civil.