"Rental Loan" Research On The Intersection Of Civil And Criminal Matters

In the study of the cross-civilization issue of "rental loans",the author mainly carried out discussions from two aspects: entity and procedure.Among them,the substantive problems of “rental loan” civil penalties mainly involve the division of civil fraud and contract fraud and the determination of the effectiveness of loan contracts;procedural issues mainly involve the choice of litigation mode in “rental loan” cases.The first part of the article is an overview of "rental loans",including the legal connotation and business model of "rental loans",the legal risks in "rental loans",and legal regulatory issues.Among them,in the section of business model and legal connotation,the author briefly introduced the operation mode of "rental loan",clarified its legal connotation as a financial loan contract or a private loan contract,and limited the subsequent analysis to "rental loan" belongs to the private sector.The situation of the loan contract;in the section of legal risk,the author analyzes the legal relationship involved in "rental loan",and puts forward the possible civil and criminal legal risks of the loan contract;in the section of legal regulation,based on legislation and judicial practice,the author clarifies the substantive issues that need to be studied in the "rental loan" civil penal cross case,including the boundaries between civil fraud and fraud,and the determination of contract effectiveness.The procedural issues are mainly the choice of litigation mode.The second part of the article is to identify the substantive issues of "rental loan" intersecting civil and penal regulations,which mainly include the analysis of civil law,criminal law and contract effectiveness of "rental loan".Among them,in the section on civil regulations,the author made a civil determination of fraud in "rental loans" in combination with a third-party fraud system;in the section on criminal regulations,the author combined the basic concepts and composition of contract fraud and triangle fraud.On the basis of clarifying the demarcation criteria between civil contract fraud and contract fraud crimes,it is determined whether the fraud in "rental loans" constitutes the crime of contract fraud.In the section of the analysis of contract effectiveness,the author starts from the perspective of civil law,according to the validity of the third party fraud contract is determined,and the validity of the loan contract is determined,and the validity of the contract in the crime of contract fraud is of course invalid because it constitutes a crime.The third part of the article deals with the procedural issues of “rental loan” civil penal cross,mainly including the changes in the principles of cross criminal procedure handling and the choice of litigation mode for “rental loan” cases.In the section on the change of procedural processing principles,from the perspective of legislation and practice,the author proposes that the procedural processing principles of China's national criminal cross-cases have undergone changes from "prior to criminals" to differentiated identification,which mainly refers to the combination of the "identity standards" and "priority standards" making choices about the litigation model of crosscivil criminal cases.At the same time,the author has made an analysis of the definition and applicable norms of "identity standards" and "priority standards ".In the section on the choice of litigation mode of the "rental loan" case,the author based on the specific case of "rental loan" to analyze whether it is consistent with the identity and priority,and proposed that the "rental loan" case should be applied to the criminal-trial-priority model.