Top people court
About lawfully the announcement of leasehold case of appropriate cognizance folk
2018 〕 of law 〔 215
Each province, municipality, municipality directly under the Central Government is advanced people court, court of liberation army military affairs, production of senior people court builds the The Xinjiang Uygur Autonomous Region corps branch department:
Folk is leasehold requirement of social diversity financing was satisfied on certain level, promoted mutiple level the formation of credit market and perfect. Meanwhile, case of civilian leasehold dispute also appears explosive type growth, to the adjudgement of people court the job brings new challenge. In recent years, appear ceaselessly socially wrapping around civilian leasehold appearance, through " empty increases debt " " forge evidence " " baleful production break a contact " " charge of collection high specified number " wait for means of illegal embezzlement property " cover a road to borrow " the new-style crime such as bilk, serious enroach on the legitimate rights and interests of people, disturbed money market order, influence society harmony is stable. The evaluation that tries the job to produce civilian trade issue adequately, education, how-to function, appropriate hears case of civilian leasehold dispute, be on guard dissolve of all kinds venture, inform concerned item as follows now:
One, the checkup that increases pair of leasehold facts and evidence strength. "Cover a road to borrow " the crime such as bilk is set bureau person have knowledge crime feature, be good at adding running water of creditor's rights debt, production bank to break couplet trace, intentionally to make the way such as break a contact through empty, form evidential chain closed circuit, and civil proceeding realizes have the aid of illegal purpose. Accordingly, people court is in case of cognizance folk leasehold dispute, dig up the roots is occupied " top people court about hearing civilian leasehold case applicable law the regulation of a certain number of problems " the 15th, the 16th regulation, outside waiting for money consign proof to undertake checkup to the creditor's rights proof such as receipt for a loan, receipt, IOU and bank running water, still should join money source, trade the element such as relation of circumstance of change of capacity of habit, economy, belongings, party and party state judges leasehold true condition integratedly. Have the reasonable suspicion such as illegal crime, agent is right of case fact inexplicability, ought to subpoena him party arrives front courtyard, accept an inquiry with respect to concerned case fact. Should increase investigation to obtain evidence appropriately strength, find out nitty-gritty.
2, the criminality such as leasehold behavior of strict divisional folk and bilk. People court is in case of cognizance folk leasehold dispute, should cogent rise right " cover a road to borrow " the vigilance of the criminality such as bilk, strengthen what wait for criminality to civilian leasehold behavior and bilk to discriminate, discovery is suspected of violating guilty clew, material, want seasonable according to " top people court involves economic crime suspicion about be in case of cognizance economy dispute the regulation of a certain number of problems " with " top people court about hearing civilian leasehold case applicable law the regulation of a certain number of problems. Itself of civilian leasehold behavior involves illegal crime, ought to rule reject sue, move the clew that is suspected of crime, material send public security mechanism or procuratorial work office, cogent be on guard the criminal will be tortious legalization, use civil judgment hall and the belongings of embezzlement the injured party of emperor. Criminal adjudicates cognizance lender is formed " cover a road to borrow " of the crime such as bilk, the become effective that leasehold dispute of common to already was being pressed folk makes people court adjudicates, ought to correct in time through ruling monitor gives.
3, strictly observe red line of statutory interest rate lawfully. " top people court about trying statute of comfortable use of civilian leasehold case the regulation of a certain number of problems " lawfully establish the judicatory red line of statutory interest rate, ought to from severe hold. People court is in process of cognizance of case of civilian leasehold dispute, to all sorts of with " accrual " " penalty due to breach of contract " " the service is expended " " intermediary is expended " " bail " " delay is expended " wait for a breakthrough or covert those who break through red line of statutory interest rate, ought to not grant to support lawfully. To " lender view department pays big loan principal with cash means " " the interest of high specified number that lender of department of capital of alleged out-of-pocket expense deducts borrower counterplea beforehand " , the checkup that should reinforce the evidence such as situation of the source of out-of-pocket expense money that holds to lender, delivery, maintain leasehold principal amount and accrual of high specified number to buckle lawfully accept a fact. Discovery trades platform, trade adversary, trade mode with " innovation " of the fact with the usurious travel that it is a name, ought to adopt in time send the efficient way such as judicatory proposal case, give stoutly keep within limits.
4, build folk to leasehold dispute is on guard and solve a mechanism. The courtyard is in people standard to be on guard and dissolve folk in leasehold and of all kinds risk, want to combine party and national job overall situation cheek by jowl, rely on Party committee leader and governmental support closely, exploration rules the mechanism innovates, enhance linkage effect, exploration is built cross a branch to administer a mechanism integratedly. Want to increase legal system to publicize strength, guide a society good general mood, serious summary tries experience, strengthen investigation and study.
Various people court discovers new case, new issue in case of cognizance folk leasehold dispute, ask seasonable layer to sign up for top people court.
Top people court
On August 1, 2018
Zhejiang saves senior people court, Zhejiang to save people procuratorate, Zhejiang to save a Public Security Department
About print and distribute " about dealing with " cover a road to borrow " the directive opinion of criminal case " announcement
Short for Zhejiang Province is fair understand a word [2018]25 date
Each city, county (city, area) procuratorate of people court, people, public security bureau:
Execute the law to unite thought, rise execute the law efficiency, lawfully, accurate, strong punish " borrow without guaranty " " campus is borrowed " " the car is borrowed " " the room is borrowed " " naked borrow " wait for expressional form " cover a road to borrow " guilty activity, saved Public Security Department of procuratorate of people of senior people court, province, province to make " about dealing with " cover a road to borrow " the directive opinion of criminal case " . Show print and distribute to give you, ask serious comply with to carry out, superior of the report when the problem is reached is encountered to be in charge of a branch in carrying out.
On March 18, 2018
About dealing with " cover a road to borrow " the directive opinion of criminal case
To punish lawfully " cover a road to borrow " guilty activity, protect the legitimate rights and interests of citizen, legal person and other organization, uphold social order, basis " criminal law of People's Republic of China " " procedural law of criminal of People's Republic of China " , two two tall " about handling case of crime of black vicious power the directive opinion of a certain number of problems " wait for law and regulation of concerned judicatory explanation, union saves the job originally actual, make this opinion.
One, overall demand
In recent years, folk of make use of's leasehold name, through " empty increases debt " " sign false loan agreement " " production capital takes account running water " " wanton cognizance break a contact " " turn Chan Ping account " wait for means, use deceit, threatening, mobbish, pester, imprison illegally, the method such as blackmail, false suit, detinue is state-private of property " cover a road to borrow " crime is increasingly rampant, this kind of crime is serious safety of property of enroach on people and other and legitimate rights and interests, order of serious disturbed money market, serious obstructive judicatory is just, safety of serious effect people feels and social harmony is stabilized, social harm sex is big, people report is strong.
Mechanism of procuratorate of various people court, people, public security should is opposite " cover a road to borrow " crime holds to entire chain all-around blow, hold to lawfully from penalize again, hold to utmost make sb disgorge the spoils to pull caustic, mechanism of further perfect work, determined and effective keep within limits " cover a road to borrow " guilty activity, realize legal effect, society effect to unite hard. Public security mechanism should suffer in time lawfully case, put on record and begin investigation work, move to according with those who tell a requirement is uniform move send sue mechanism of; procuratorial work examining arrest and examine in sueing a process, want to be examined strictly lawfully, from severe control be not caught and do not sue applicable condition, to according with those who sue a condition, seasonable lawfully court of to sue; should hold to lawfully from penalize again, from severe control probation is applicable condition, pay attention to benefit to use belongings punishment and experience case property to deal with blow " cover a road to borrow " economic base of crime.
2, the case is qualitative
(One) right " cover a road to borrow " of criminal case qualitative, the essential feature that should join a case holds from whole, "Cover a road to borrow " law of subjective purpose dispute owns state-private property, partial crime main body contains character of black evil gang.
(2) person of guilty suspect, the accused with " penalty due to breach of contract " " bail " " intermediary is expended " " the service is expended " " industry established practice " the of all kinds contract that waits for all sorts of nominal diddle the injured party to sign contract of contract of contract of empty fast borrow or lend money, loan of yin and yang, house property guaranty to wait to go against the injured party apparently, production capital gives Fu Ping card or evidence, make all sorts of excuse one-sided hold the injured party " break a contact " ask " repay " empty fast borrow or lend money, in the injured party faint " repay " below the circumstance, the goes against the injured party apparently evidence that produces through demand repayment or using its then mentions to the court all sorts of methods such as civil suit to the injured party or its are close the relative is applied pressure, in order to realize embezzlement the injured party or its are near the purpose that belongs to lawful belongings, usually ought to in order to encroach belongings kind crime convictions punishment. To carrying out afore-mentioned " cover a road to borrow " of behavior, can consult to try to maintain with form of conditions or feelings of the lower levels:
Person of 1. crime suspect, the accused is carried out " cover a road to borrow " when crime, did not use apparently violent minatory perhaps method, the injured party decides consign capital according to it, commit a crime the behavior of person of suspect, the accused is belonged to from whole it is a purpose with detinue, the dummy fact, bilk action that hides belongings of truth diddle the injured party, general and OK crime of fraud investigates criminal duty.
Person of 2. crime suspect, the accused is carried out " cover a road to borrow " when crime, used the dummy fact, bilk method that hides the fact already, used the method such as violent, minatory, false suit again, form bilk at the same time, rob, imprison blackmail, illegally, of a variety of crime such as false suit, the regulation of basis criminal law counts a blame and be punished or according to punishment heavier conviction punishment. Violent means includes but not be confined to is so called " negotiation " " talk things over " " mediation " and mobbish, pester, fool be troubled by, gather a crowd go to situation make the injured party produces psychological fear or psychology to wait compulsively " weak force " method.
(3) in " cover a road to borrow " in guilty case, person of relevant crime suspect, the accused does not know perfectly well true and leasehold circumstance, the help is carried out be imprisoned intended harm, illegally or mobbish the injured party and its are near belong to normal life behavior, perhaps help concoctive fact mention civil suit, accord with intended harm to imprison what invade blame of other residence blame, false suit blame, provoke affray blame, illegally blame, illegally to make important document, to should committing a crime partly person of suspect, the accused investigates criminal duty with relevant accusation.
3, collective crime is maintained
(One) much person is carried out jointly " cover a road to borrow " crime, person of guilty suspect, the accused answers what its participate in or all criminality assumes organization, commanding criminal responsibility. Main effect has in the guilty link that participates in in its, can maintain what have secondary or auxiliary effect for prime culprit; , can maintain for accessary criminal.
Evidence proves composition of 3 people above is relatively close organize with fixed crime, plot beforehand, designedly is carried out " cover a road to borrow " crime, had formed guilty group, ought to maintain for guilty group, to first member, all crime that ought to commit according to group place is punished.
(2) know perfectly well other to carry out " cover a road to borrow " of crime, have one of the following state, with collective crime decide on sb's punishment, but the except that law and judicatory explanation have a regulation additionally:
1. assistance production out-of-pocket expense, bank walks along Zhang record, tripartite to pay a record to wait to give phonily pay a fact;
2. assists the; of conduction judicatory notarization
3. the; of the help such as bankroll, place, traffic
4. assistance mentions with false fact the; of civil suit
5. sells illegally, the; that provides citizen individual information
6. help, conceal, conceal move crime earning to reach its to generate profit, set now, take showing;
7. intermediary personnel is participated in for a long time " cover a road to borrow " the; of guilty activity
8. is other the case that accords with collective crime.
Of afore-mentioned regulations " know perfectly well other to carry out ' cover a road to borrow ' crime " , the cognitive faculty that ought to join the accused person, mix toward frequency of experience, behavior already method, concern with other, gain profit circumstance, whether because of " cover a road to borrow " crime has sufferred investigation of whether punishment, intended avoid to wait advocate objective element undertakes integration analysis is maintained.
4, guilty amount is maintained and experience case property is handled
(One) in " cover a road to borrow " on the cognizance of guilty amount, should hold " cover a road to borrow " the crime of behavior is substaintial, its and folk leasehold distinction leaves come, give to its from whole negatory evaluation. Outside the capital that gets actually besides the injured party, the accrual of the principal with high empty, bilateral agreement and the accused person are in leasehold process with " penalty due to breach of contract " " bail " " intermediary is expended " " the service is expended " the charge that waits for nominal collection all should serve as guilty amount to give maintain.
(2) person of guilty suspect, the accused already used illegal earning property at pay off debt to perhaps transfer another person, have one of following state, ought to lawfully pursue and wipe out:
1. the other side is known perfectly well is illegal earning property and the; of collection
Free of 2. the other side obtains the; of illegal earning property
3. the other side violates the; of earning property with be being obtained under the price of the market apparently
4. the other side obtains department of illegal earning property to result from illegal debt perhaps violates guilty activity.
Other kindness is obtained " cover a road to borrow " of illegal earning property, do not grant pursue and wipe out.
Shanghai is advanced public security bureau of procuratorate of people of people court, Shanghai, Shanghai is dealt with about this city " cover a road to borrow " the working opinion of criminal case
(Shanghai is fair connect [2017]71 date)
To punish lawfully " cover a road to borrow " guilty activity, protect the legitimate rights and interests of citizen, legal person and other organization, uphold social order, basis " criminal law of People's Republic of China " " procedural law of criminal of People's Republic of China " wait for law and regulation of concerned judicatory explanation, combine this city the work is real, make this opinion.
One, overall demand
In recent years, with folk leasehold for cover, through " empty increases debt " " trace of production bank running water " " wanton maintain break the law " " threatening press for payment of debts " " false suit " wait for all sorts of means detinue of state-private property " cover a road to borrow " crime is increasingly rampant, this kind of crime is serious safety of property of enroach on people and other and legitimate rights and interests, order of serious disturbed money market, serious obstructive judicatory is just, safety of serious effect people feels and social harmony is stabilized, social harm sex is big, people report is strong.
This city is various mechanism of procuratorate of people court, people, public security should is opposite " cover a road to borrow " crime holds to entire chain all-around blow, hold to lawfully from penalize again, hold to utmost make sb disgorge the spoils to pull caustic, mechanism of further perfect work, determined and effective keep within limits " cover a road to borrow " guilty activity, realize legal effect and social effect photograph to unite hard.
2, the case is qualitative
(one) right " cover a road to borrow " of criminal case qualitative, the essential feature that should join a case holds from whole, "Cover a road to borrow " the injured party of embezzlement of law of subjective purpose dispute or its are near the belongings that belong to, usually ought to in order to invade money kind crime convictions punishment.
(2) person of guilty suspect, the accused with " penalty due to breach of contract " " bail " " industry established practice " wait for all sorts of nominal diddle the injured party to sign contract of contract of empty fast borrow or lend money, loan of yin and yang or the contract of house property guaranty of all kinds contract that goes against the injured party apparently, trace of production bank running water, make all sorts of excuse one-sided hold the injured party " break a contact " ask " repay " empty fast borrow or lend money, in the injured party faint " repay " below the circumstance, the goes against the injured party apparently evidence that produces through demand repayment or using its then mentions to the court all sorts of methods such as civil suit to the injured party or its are close the relative is applied pressure, in order to realize embezzlement the injured party or its are near the purpose that belongs to lawful belongings. To carrying out afore-mentioned " cover a road to borrow " of behavior, can consult to try to maintain with form of conditions or feelings of the lower levels:
Person of 1. crime suspect, the accused is carried out " cover a road to borrow " when crime, did not use apparently violent minatory perhaps method, criterion its behavior characteristic is belonged to from whole it is a purpose with detinue, the dummy fact, bilk action that hides belongings of truth diddle the injured party, general and OK crime of fraud investigates criminal duty.
Person of 2. crime suspect, the accused is carried out " cover a road to borrow " when crime, used the dummy fact, bilk method that hides the fact already, used the method such as violent, minatory, false suit again, form bilk at the same time, rob, imprison blackmail, illegally, of a variety of crime such as false suit, the regulation of basis criminal law counts a blame and be punished or according to punishment heavier conviction punishment.
(3) in " cover a road to borrow " in guilty case, person of relevant crime suspicion, the accused does not know perfectly well true and leasehold circumstance, the help is carried out be imprisoned intended harm, illegally or mobbish the injured party and its are near belong to normal life behavior, perhaps help concoctive fact mention civil suit, accord with intended harm to imprison what invade blame of other residence blame, false suit blame, provoke affray blame, illegally blame, illegally to make important document, to should committing a crime partly person of suspect, the accused investigates criminal duty with relevant accusation.
3, collective crime is maintained
(one) much person is carried out jointly " cover a road to borrow " crime, person of guilty suspect, the accused answers what its participate in or all criminality assumes organization, commanding criminal responsibility. Main effect has in the guilty link that participates in in its, can maintain for prime culprit; Those who have less important effect, can maintain for accessary criminal.
(2) know perfectly well other to carry out " cover a road to borrow " of crime, those who have one of the following state, with collective crime decide on sb's punishment, but the except that law and judicatory explanation have a regulation additionally:
1. Assistance makes a bank walk along Zhang to record;
2. Assistance deals with judicatory notarization;
3. Of the help such as bankroll, place, traffic;
4. Assistance mentions with false fact of civil suit;
5. Get illegally, sell, those who provide citizen individual information;
6. The help transfers guilty earning to reach its to generate profit, set now, take those who show;
7. Other accords with the case of collective crime.
Of afore-mentioned regulations " know perfectly well other to carry out " cover a road to borrow " crime, the cognitive faculty that ought to join the accused person, mix toward frequency of experience, behavior already method, concern with other, gain profit circumstance, whether because of " cover a road to borrow " crime has sufferred investigation of whether punishment, intended avoid to wait advocate objective element undertakes integration analysis is maintained.
(3) evidence proves composition of 3 people above is relatively close organize with fixed crime, plot beforehand, designedly is carried out " cover a road to borrow " crime, had formed guilty group, ought to maintain for guilty group, to first member, all crime that ought to commit according to group place is punished.
4, guilty amount is maintained and experience case property is handled
(one) in " cover a road to borrow " on the cognizance of guilty amount, should hold " cover a road to borrow " the crime of behavior is substaintial, its and folk leasehold distinction leaves come, give to its from whole negatory evaluation. The accused person is in leasehold process with " penalty due to breach of contract " " bail " " intermediary is expended " " the service is expended " the charge that waits for all sorts of name collection, all should bring into guilty amount to give maintain. Outside the capital that gets actually besides borrower, the accrual of bilateral agreement does not get legal protection, ought to plan join guilty number, ought not to deduct from inside guilty amount.
(2) person of guilty suspect, the accused already used illegal earning property at pay off debt to perhaps transfer another person, have one of following state, ought to lawfully pursue and wipe out:
1. The other side is known perfectly well is illegal earning property and of collection;
2. Free of the other side acquires illegal earning property;
3. The other side violates earning property with be being obtained under the price of the market apparently;
4. The other side obtains department of illegal earning property to result from illegal debt perhaps violates guilty activity.
Other kindness is obtained " cover a road to borrow " of illegal earning property, do not grant pursue and wipe out.
On October 25, 2017 print and distribute
Wonderful reviewing
