Research On Legal Issues Of The Validity Of Contract Which Is Related To The Overlapping Civil And Criminal Cases

Because the issue in the overlapping civil and criminal cases lies in the research boundaries civil law and criminal law, it is not only the difficulty of theoretical study, but also the hot and difficulty in judicial trial. The cases of the identification of the validity of the crime-related contract are the more cases in the overlapping civil and criminal cases,therefore,in order to effectively resolve civil and criminal cross-cutting issues, involving the crime of validity of the contract identified is very important. Off a cross in civil and criminal determines the effectiveness of contractual rights and obligations of the parties involved in the contract determination, concerned with protecting the interests of creditors, more concerned with the orderly and healthy market economy and effective operation. In the judicial practice, the theory does not support the system, and there is no clear laws, the courts and even different judges of the same court have different judgments for civil and criminal cross validity of the contract, sometimes it also appears seesaw battle between the upper and lower courts in the remanding for retrial and appeal. This is not only conducive to the civil rights issue of timely and effective solution, and it will harm the judicial authority, to cause secondary damage to the interests of the injured party. This article looks at the judicial practice, based on existing research results.The practice of civil and criminal cases are typed cross division, in order to identify the effectiveness of the specific charges made against the contract, the expectations of civil mixed criminal theory and judicial practice of solving the problem of benefit.In addition to preface and conclusion,this article is divided into four parts.The first part mainly discusses the judicial status quo of civil mixed criminal cases effectiveness identified in the contract. The first is the introduction of two judicial cases, reflecting from the comparison court crime involving the validity of contracts in different judgments, then leading to the topic of this paper is recognized civil and criminal issues intersect contract.The second part discusses the theory which is controversial civil mixed criminal contract. There are mainly three theories on validity of the contract on civil mixed criminal cases, " invalid views" "effective views" and "compromise views", and each theory has its theoretical and practical value, but are not enough to solve the existing problems involving crime validity of the contract identified. The "compromise views" considering the validity of the points situation is worth learning, the effect of the charges made against the contract must be divided into different types, and then depending on the types of identification to distinguish validity of the contract.The third part is to probe different types of civil and criminal cases of cross division. The first is the introduction of the current academic criteria for the classification of various civil mixed criminal cases, analyzing the pros and cons. Then it proposes criteria for the classification of the article to belong to the same legal standard the facts which is divided into legal fact competing type and legal facts involved type civil mixed criminal cases.The fourth part is mainly involved in the crime of validity of the contract of civil mixed criminal cases classified specifically identified. First, even if the contract is involved in crime,it have to identify the effectiveness from the effective elements of a civil contract, then on the basis of the preamble,this paper tries to give specific identifications in conclusion of contract effectiveness according to legal fact competing type and legal facts involved types in the overlapping civil and criminal cases.