| Illegal fund-raising cases are complex,and illegal fund-raising cases are more complicated.Guarantor assume responsibility,both related to civil liability,and connected to the criminal responsibility,how to deal with has become the focus of public concern,at the same time is also very controversial.This paper consists of four parts.The first part is on the relationship between the guarantee and the illegal fund-raising.China in recent years in the case of illegal fund-raising frequently,the situation is complex,most have security guarantee,it not only has the difficulty,but also very controversial,how to deal with illegal fund-raising in the guarantee dispute,is handling the case of illegal fund-raising can not be avoided.The second part is the validity of the loan contract in the case of illegal fund-raising.Through the analysis of the different types of crime of illegal fund-raising will be involved in the illegal fund raising borrowing contract according to the folk lending or raise loan contract effectiveness is maintained,respectively.The idea of a valid loan contract in illegal fund-raising is not valid,and the financing loan contract involving illegal fund-raising shall be deemed invalid.The third part of this paper is the validity of the guarantee contract in illegal fund-raising,The guarantee contract is a contract that is invalid from the contract because of the invalidation of the contract.In this case,does the guarantor bear the liability?What is the responsibility?In my opinion,I believe that the responsibility of the guarantor shall be the liability of compensation and the liability of the contract.The last part of this paper is about the guarantors’ equity relief under illegal fund-raising situation.In illegal fund-raising cases,the guarantors undertake responsibility and suffered losses.Due to the particularity of illegal fund-raising cases,this paper explores the way to "clean up and retreat" by comparing with the general relief approach. |
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