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Research On The Dilemma And Solutions Of Crossed Cases Of Criminal Law And Civil Law In The Proceeding Of Private Lending Practices

Posted on:2019-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:W Q HuangFull Text:PDF
GTID:2416330572458405Subject:Law
Abstract/Summary:PDF Full Text Request
Private lending is a common social phenomenon.However,due to the imperfect financial management system in China,the construction of private financial system lags behind.The traditional financing channels,such as loans to commercial banks,face excessive financing costs and the procedures are too cumbersome.In particular,the phenomenon of loans to private and township enterprises has become increasingly difficult.Stimulated by high returns,more and more people have invested their own funds in the field of private lending for the purpose of protecting their own interests,making the current private lending gradually detached from the traditional borrowing relationship in the traditional sense.The development of marketization and marketization has also created a group of professional lenders and corresponding interest groups.At the same time,it is also easy to breed illegal fund-raising crimes such as public deposits.The existence of private financing has its rationality.However,if it is not properly controlled and not properly guided,once a dispute occurs,a series of social contradictions will occur,which will even seriously affect the stability and harmony of society.This is reflected in the country in recent years.In the cross-legal cases involving private lending and borrowing in various places,the debates on relevant issues in the theoretical and practical circles have caused considerable confusion in the handling of such cases by the judiciary.The root cause of cross-legal cases involving private borrowers and borrowers has its root cause.As a judicial organ,when dealing with criminal cases,it is necessary to first classify the cross-criminal cases,mainly divided into legal facts and types.The legal facts are implicated,and should be discussed and analyzed separately with the difficult problems arising from the relevant stages of the handling of private lending cases,choose the appropriate treatment,carefully apply the crime of illegally absorbing public deposits,and respect the civil judgments or mediation facts that have already taken effect.Adhere to the fair treatment of the facts of the case and the principles of the parties,and strengthen the norms of private lending practices and the prior prevention of related criminal offences,thereby effectively safeguarding the legitimate rights and interests of creditors and promoting social stability.
Keywords/Search Tags:private lending, cross between prisoners and criminals, the crime of absorbing public deposit, type division
PDF Full Text Request
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