On The Protection Of The Rights And Interests Of Creditors In The "criminal-civilian Intersection" Case

The issue of “Cross between Criminal and Civil Legal Relationships” has existed for a long time,and with the rapid development of economy and society in recent years,this issue has become increasingly prominent,among which the most prominent is fund-raising cases and protection of rights and interests of creditors.In this context of building a moderately prosperous society in all respects,people's demand for economic security level is increasing day by day,therefore it is urgent to solve these issues properly.The paper,through the analysis of the current situation of creditor's rights protection in cases of “Cross between Criminal and Civil Legal Relationships”,has found that the current relevant laws and regulations are relatively lagging behind and are mostly ambiguous,and in practice,there are many conflicts between the trial and the theory,leading to a lot of disputes and differences.To this end,the author tries to find a solution by further analyzing typical cases of “Cross between Criminal and Civil Legal Relationships” and consulting the viewpoints and works of many scholars.The author thinks that the creditor's rights and interests protection in cases of “Cross between Criminal and Civil Legal Relationships” should be considered from two aspects: procedure and entity.In the aspect of procedure,the author puts forward that “necessity” should be taken as the criterion to choose the procedure rationally.At the same time,the author thinks that when the criminal judgment conflicts with the civil judgment,the determined civil judgment is not necessarily to be revoked,and the rights and interests of creditors can still be protected by the prior civil judgment.In cases of“Cross between Criminal and Civil Legal Relationships”,where a judgment of not guilty is rendered in a criminal case,the facts in the criminal judgment may also become “evidentiary facts” for the creditor's claim of civil rights and interests if the circumstances are “obviously minor and the harm is not serious”.In the aspect of entity,the author believes that there is no inevitable correlation between the effectiveness of folk loan contract and the suspected crime in cases of “Cross between Criminal and Civil Legal Relationships”,and the main basis for the determination of the effectiveness of folk loan contract still fall within the relevant provisions of the contract law.Where there is a guaranty act in cases of “Cross between Criminal and Civil Legal Relationships” and the guaranty liability is required in accordance with the security contract,the author thinks that the principle of “separation between criminal and civil legal relationships”should be applied to the determination of the validity of security contract and the division of its responsibilities.The above principle,combining with the subjective ideas of the guarantor,the subjective cognition of the lender and the establishment elements of the guarantee contract itself,contributes to a comprehensive determination,which can not only protect the legitimate interests of the creditor,but also make the guarantee responsibility of the guarantor more reasonable.Finally,this paper takes the fund-raising case as an example to discuss the interest issue in cases of“Cross between Criminal and Civil Legal Relationships”,wherein the author thinks that the “Bona Fide Acquisition” system should be taken into account.Through multi-dimensional analysis and discussion,this paper aims to find out a practical way to better solve the issue of protecting creditors' rights and interests in cases of “Cross between Criminal and Civil Legal Relationships”.