On The Validity And Responsibility Of Civil Contracts In Illegal Crowd-funding Cases

As a useful supplement to formal financial financing,private lending has a certain status in all countries of the world.The number and amount of private lending in China have been exploding in recent years.The main reason for this phenomenon is that compared with formal financing,the two parties do not have to have cumbersome procedures when borrowing occurs,and it is not necessary to have complicated contracts,which is convenient and quick;In terms of the speed of funds,it is also much faster than formal financing.It is precisely because of the above characteristics of private lending that private lending has its advantages,but at the same time,because of these characteristics,coupled with the imperfection of China’s laws and regulations,there are many problems in the practice of private lending.Among them,the issue of civil contract involving illegal fund-raising is particularly interesting,and the identification and responsibility of civil contract in the case of illegal fund-raising is the core of the problem.Therefore,it is particularly important to study the problem.This thesis mainly includes three parts:The first part clarifies the current judicial status of the trial of the civil part of the illegal fund-raising case.Illegal fund-raising is not a crime.It mainly involves the crime of illegally absorbing public deposits and the crime of fund-raising fraud.Through the analysis of the big data of the judgment documents,the author clearly reflects the current trial situation in the form of data,and analyzes the lack of uniform rules for civil trials in judicial practice,the lack of sufficient reason for civil case judgments,and the lack of logical reasoning for civil case judgments.The problem caused different judgments in the same case.The second part is about the validity of the civil contract for illegal fund-raising cases.The author first summarizes the two viewpoints of the validity of the civil contract for illegally absorbing public deposits,namely,invalidity theory,effective theory and separate treatment theory,respectively expounding the rationality and reasons of these two viewpoints;The three viewpoints of the validity of the civil contract for the crime of fund-raising fraud,namely the invalidity theory,the effective theory and the revocable theory,respectively explain the basis of these three viewpoints.Then,through analyzing the two problems that should be paid attention to when determining,that is,whether the criminal judgment or the civil judgment should be taken as the standard and the validity of the civil contract should be considered.,Finally,it is concluded that the validity of the civil part of the contract can be determined according to whether it meets the requirements of civil conduct and whether the contract is invalid.The validity of the contract of the civil part can also be determined according to the choice of the different remedies of the right holder.The third part is about the responsibility of all parties involved in the civil contract of illegal fund-raising cases.In the loan contract,the borrower must take responsibility regardless of whether the contract is valid or invalid.Therefore,in this thesis,we mainly discuss whether the guarantor is different in the responsibility of the joint crime;whether the lender is in good faith in the responsibility of the responsibility;and the responsibility of the co-borrower.Then it is concluded that the responsibility should be assumed according to the degree of fault of the parties and the liability limit should be revoked in some legal provisions.