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Supreme People's Court on private lending issue Du Wanhua answered questions

Supreme People's Court on private lending issue Du Wanhua answered questions

10:00 August 6, 2015, the Supreme People's Court held a press conference, Supreme People's Court trial full-time members of the Commission Du Wanhua has issued informal credit in the Supreme People's Court on application of laws in a number of provisions on the issue, after borrowing problems answering a reporter's question.

private lending for alleged illegal fund-raising and criminal law is very common, in this case, the parties have asked the police for criminal suspects of criminal accountability, and bring a civil action, may I ask how the provisions coordinating the relationship between criminal and civil? Thank you.

indeed involves civil and criminal judicial interpretation of our lending issues at the intersection of in our trial practice, there are plenty of private lending disputes often with the crime of illegal absorbing public deposits, staggered by the crime of fraud in financing and so on criminal cases.  In this case, how to handle criminal cases and civil cases is something we deal with private lending disputes among the more important of an issue.

in March 2014, when the Supreme People's Court and the Supreme People's Procuratorate and Ministry of public security have jointly issued a circular on handling criminal cases of illegal fund-raising for legal advice on several issues. According to this opinion, intermediate people's courts in civil cases if you find any illegal fund-raising crimes, shall refer the case to the public security or procuratorial organs. This time when we have formulated judicial interpretation, actually reiterated on the issue, which again explains it provides to our civil justice system.

as long as it is related to illegal fund-raising, criminal cases, we will transfer civil case found. Prosecutions in such cases how to deal with it?  We would have been able to hear, this is a way of dealing with it.

Second, if our process in private lending cases, involving illegal fund-raising, and more clues of such crimes and material, in such a case to do? Such as illegal fund-raising, money obtained from illegal fund-raising and lends it to another person, the latter lending would formed private lending cases, but over time, his money was illegally raised funds, such cases do?

do we of the judicial interpretation of the sixth section provides these clues involving illegal fund-raising material, we should be transferred to the public security or procuratorial organs, but behind the folk debit and credit parts of the case to proceed, because it is different from the front, the front is purely illegal fund-raising, and call transfer.

 

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