Analysis Of The Effectiveness Of Civil Contracts Involving Crimes

With the continuous development of market economy,the social relations of legal adjustment are gradually complicated.Many emerging business constantly emerging,hysteresis of natural law,plus supervision mechanism is not sound,once the industry has a crime,the criminal suspect of the crime will face criminal law shall be investigated and then conclude with the criminal suspect,directly or indirectly,a series of guarantees,loans,investment,entrusted loans,such as civil contract,namely the validity of the civil contract involving crime how to recognition of the problem,then by scholars,the parties to a contract,and the judicial workers universal attention.At present,China’s academic and practical circles do not have clear provisions on the validity of civil contracts involving crimes.On the one hand,it causes confusion in the judicial practice;on the other hand,it fails to protect the legitimate interests of the counterparts of good-faith contracts.This not only affects the judicial credibility,but also fails to achieve the purpose of judicial dispute settlement.There are three viewpoints in theory: valid theory,invalid theory and revocable theory.Three views based on different theories and views put forward their own views and opinions,generating a lot of arguments with each other,the three views have their own advantages and defects,thethe idea in principle does not negate the validity of a contract,but also has the relief way can make the contract nullified,can safeguard civil activity order and safeguard the interests of the victim’s demand.In practice,the public security and judicial organs have different treatment methods and operating rules for this kind of cases,and lack of unified views and relevant legal basis,which leads to the trial of this kind of cases tends to be chaotic,with different procedures,leading to the result of the confirmation of contract validity.The author hopes to clarify the validity of civil contracts involving crimes by combing existing theories and practices,and put forward Suggestions from the perspective of civil law and criminal law,suggesting relevant departments to compile and sort out legal norms,improve relevant systems,and realize the unification of trial standards as soon as possible,so as to realize the purpose of maintaining judicial authority.