Determination Of The Validity Of Loan Contracts In Cases Of Illegal Fundraising

In the case of illegal fund-raising,the determination of the validity of the loan contract involves the cross-problem of civil punishment,and the relevant laws and regulations of our country do not clearly stipulate the determination of the validity of the civil contract suspected of crime,which leads to the different trial procedures of the local courts for the cross-problem of civil punishment,usually with the "first punishment after the people" as the main.However,different trial modes will have great influence on the right relief and the realization of judicial justice.The so-called "criminal unity of the people" can not only stay in form,maximize the validity of the loan contract,is precisely to punish the borrower's criminal behavior and protect the property rights of the lender.This paper holds that the determination of the validity of civil acts must be strictly in accordance with the civil legal norms as a measure.On the basis of the existing research results,combined with individual summing up thinking,we try to provide some theoretical and practical support for the handling of this kind of cross case of civil punishment.The full text consists of an introduction,three chapters of the conclusion.In the introduction,the background of illegal fund-raising cases and loan disputes is explained,and the validity of loan contracts involving illegal fund-raising cases is clearly raised.The first chapter mainly discusses the present situation of justice in our country.In the summary section of judicial decisions,the author has selected 15 representative and well-justified judicial decisions,there are valid judgments,there are invalid judgments;there are dismissals,there is suspension of the trial;there are the same type of judgment but on the basis of each one;there is a court of first instance second instance found invalid,retrial found valid.Intuitively illustrate the current judicial situation is more chaotic.The common judgment basis combs this section,the author combs the related law article from the law,the administrative regulation,the judicial interpretation three aspects,shows the legal basis is complicated,has not formed a set of effective practices.The current trial mode section of the cross case of civil punishment analyzes the concrete application of the three modes of "first punishment after the people "," first people after punishment" and "parallel punishment of the people ",their respective advantages and disadvantages,etc.The second chapter is mainly responsible for analyzing the validity of loan contracts involving illegal fund-raising cases.The first part of the theory,Combing three theories:“Invalid”?“Effective”?“Differential treatment”?Sections II,III and IV,respectively this paper discusses the necessity analysis,the valid conditions of the contract and the exclusion of the invalid situation of the contract.When judging the validity of the contract,we should keep the principle of modesty of the criminal law,analyze the validity of the contract from the angle of civil law,focus on the analysis of the effective conditions of the establishment of the contract,the invalid situation of the contract,and demonstrate the validity of the loan contract involving illegal fund-raising cases through maintaining judicial unity,preventing borrowers and guarantors from evading civil liability and maintaining the security of market transactions.Therefore: involving the illegal absorption of public deposits,the crime is regulated by market access qualifications,not the validity of the contract itself,the loan contract should be recognized as valid;involving fund-raising fraud,except for infringement of the state financial management order,the borrower has the purpose of illegal possession,no real meaning of signing the contract,fraud in violation of the effective mandatory provisions of the law,the loan contract should be found invalid.The third chapter puts forward the perfect way to confirm the validity of the loan contract in the case of illegal fund-raising.The first subsection considers that strictly regulate the boundary of criminal law,pay attention to the modesty and supplement of criminal law,reasonably define the difference between the crime of illegally absorbing public deposits and the loan dispute,and the difference between the crime of fund-raising fraud and the loan dispute.Special attention should be paid to the fact that financing activities for the purpose of production and operation can not be classified into the scope of illegal fund-raising,and that the purpose of illegal possession should be considered comprehensively to put an end to objective imputation.In the second section,the cross-case of fund-raising is put forward,which should distinguish the case of criminal filing,the defendant to the case,the property and so on.