On The Determination Of The Validity Of Financial Loan Contracts In Civil And Criminal Cases

The relationship between rights and obligations formed in the process of adjusting people's behavior is ealled legal relationship.As far as behavior is concerned,its elements may form a variety of legal relations.As far as Cross-cases between civil and criminal law are concermed,the cross-coexistence of multiple legal relations between civil and criminal law is caused by the competition of legal facts in civil and criminal law.How to deal with cross-case between civil law and criminal law is not regulated by special legal norms in our country.The cross-case between civil law and criminal law is on the theoretical edge of the two major departments of the law.There are also himdreds of views discussed academically.In the case of civil and criminal cases,some courts choose to terninate the trial,reject the litigant's prosecution,some courts choose to suspend the trial,pending the outcome of the criminal judgment,and some courts choose to continue the trial,directly to make judgments on civil cases.Because there are many criminal charges involved in the field of interlocked penal and civil cases,such as illegal absorption of public deposits,fund-raising fraud,loan fraud,contract fraud and so on,and in order to avoid the scope of such cases is too wide to become empty,this paper is based on practice,aiming at the financial loan cases in recent years across the country.The rapid increase of the objective situation,from the perspective of financial loan contracts to analyze the field of cross-civil and criminal practice when dealing with the problem,from the perspective of civil law to analyze the impact of criminal norms on the effectiveness of the contract.This paper embarks from the definition of interlocked penal and civil cases,introduces the processing method of interlocked penal and civil cases.In order to avoid pure theoretical empty talk,the author focuses on the judicial practice of adjudication cases as a breakthrough point,through the collection of nearly three years of cases from the China Judgements Online(http://wenshu.court.gov.cn/).From the perspective of these cases,this paper defines the concept of interlocked penal and civil cases,and then leads to the specific problems in the cross between civil law and criminal law by cases,such as what specific criminal charges will be involved in the financial loan cases,how to divide the responsibilities of the parties to the contract when these criminal charges occur,and how to divide the responsibilities of the parties to the financial loan contract into specific validity detennination,the author introduces There are four doctrines:invalidity theory,validity theory,validity to be deterlined,compromise theory,and specific analysis of the specific situation,put forward their own views,the author believes that the effectiveness of financial loan contracts in civil and criminal cases should be deternined according to specific circumstances,from the perspective of market stability,according to different circumstances.People fully and independently choose the right to fully protect the legitimate rights and interests of the parties.Finally,die author puts forward some suggestions and countermeasures to deal with interlocked penal and civil cases,in order to provide some ideas for dealing with such cases.