Research On The Demarcation Of Criminal Liability And Civil Liability In Private Lending Cases

In recent years,with the continuous development of the Internet economy,one of the serious challenges facing private lending is the intertwining of fraudulent private lending cases with fraudulent crimes such as fund-raising fraud and contract fraud.Private lending is generally only the object of civil and commercial legal adjustment,and now with the unprecedented activity of various market financing activities,some private lending cases have gradually exceeded the boundaries of the current civil and commercial law adjustment,resulting in criminal liability and civil liability that are difficult to define.The lack of clear and specific legal guidelines and the lack of unified and scientific demarcation standards will undoubtedly affect the unification of judicial adjudication standards for such cases by courts at all levels,and will also make public security organs feel at a loss when facing victims of private lending cases because they are not sure whether they belong to the jurisdiction of public security organs.Fraudulent private lending cases mainly involve two major departmental laws,criminal law and civil law,and it is biased to try to study and completely solve this problem from the perspective of criminal law or civil law.This paper takes the problem of fraudulent private lending encountered by public security organs in person in the front line of the police for a long time as the research object,and the first chapter of the paper starts from the concept and characteristics of private lending,and clarifies the three specific situations of criminal and civil liability in fraudulent private lending cases.Chapter II raises the issue of the difficulty of delineating criminal and civil liability in fraudulent private lending cases,an d the necessity of reasonably delineating criminal and civil liability in such cases.Chapter III explains the reasons why it is difficult to define criminal and civil liability in fraudulent private lending cases through the theory of legal order unity,and analyzes the basis and ideas for dividing criminal and civil liability in fraudulent private lending cases.Chapter IV is problem-oriented,combined with the author’s visit to the relevant personnel of the local public procuratorial law,put forward a way to solve such problems,that is,under the guidance of the principles of criminal law modesty,judicial cost and benefit value,the specific two-step thinking order,that is,first through the amount and number of people involved in the case to determine whether the fraud private lending case constitutes a criminal offense,and then through the analysis of the subjective state of the private lending borrower,to determine whether it has the purpose of illegal possession.However,in the judgment of specific cases,it is also necessary to make comprehensive consideration,so as to gradually narrow or even distinguish the criminal and civil liabilities of fraudulent private lending cases,in order to better provide a reference mode of thinking for judging the criminal and civil liability of fraudulent private lending cases,and provide a certain basis for solving such problems.