Cover a road to borrow lawsuit instead how-to -- how to identify a road to borrow

The author begins to act as agent to cover a road to borrow lawsuit instead from 2017, know very well what cover a road to borrow instead is difficult, the a bitth be in hard the acknowledge that borrows a definition to covering a region and identify.

After all what is to cover a road to borrow?

How divisional set is is the road borrowed and common folk distinguished leaseholdly?

How is the person that allow judgement accepts debtor common civilian leasehold concern between oneself and recounted lender?

We look first two two tall " about dealing with " cover a road to borrow " criminal case the opinion of a certain number of problems " the definition that borrows to covering a region:

"Cover a road to borrow " it is right it is a purpose with detinue, folk of make use of's leasehold name, prevail on or force the injured party to sign " leasehold " or covert " leasehold " " guaranty " " assure " wait for relevant agreement, add the means such as evidence of the leasehold amount, baleful production break a contact, wanton cognizance break a contact, reimbursement that destroy conceal to form debt of false creditor's rights through empty, and the generality appellation of the activity of relevant illegal crime that lawsuit of have the aid of, arbitral, notarization perhaps uses property of the injured party of violent, menace and other measure detinue.

"Cover a road to borrow " the essence of existence of civil and leasehold relation that meaning autonomy is based on between main body and forms with equality is distinguished, folk's leasehold lender is to expire to call in according to the content that the agreement agrees capital gets interest, do not have the objective of detinue other property, also won't be in sign, empty is carried out to increase leasehold amount in performing leasehold agreement procedure, make give phonily pay the trace, baleful production break a contact, wanton cognizance break a contact, reimbursement that destroy conceal the behavior such as evidence.

Two stood two high in macroscopical angle to have a definition to covering a road to borrow, the implementation method that the author thinks the key of this definition depends on a judiciary borrowing to covering a region gave out hero breaks wrist to maintain: "And lawsuit of have the aid of, arbitral, notarization perhaps uses property of the injured party of violent, menace and other measure detinue " .

Attention, covering borrowed implementation method is 4 kinds actually, namely lawsuit, arbitral, notarization and bypass the violent and illegal means of public security. In covering a road to borrow the course that passes property of violent means embezzlement because of what the author encounters, the victim can choose call the police normally, but because cover a road to borrow what master in personnel hand to wash white the such as contract of own behavior, room this, the legal document such as notarial deed, judgment, executive certificate, bring about police station policeman to be in alarm when because explicit watch is uptodate,often be civil dispute, and do not grant put on record, suggest the victim is solved through civil suit.

So, it is to should move what the judicatory judgment of fish truth settles way obviously " lawsuit, arbitral, notarial, call the police " , checked not clear truth in the past however, brought about a road to borrow the measure that implements false creditor's rights, visible, wanting resolution what to give is to cover a road to borrow, it is the most significant share that undertakes the road borrows lawsuit turning over covering. The court decision from court of a few Beijing wants below the author, will explain what is to cover a road to borrow.

Wu Mou serves as creditor, the Yao Mou that serves as debtor and Gu Mou were sued in court of Haidian division people, haidian area maintained this is common folk leasehold, yao Mou and Gu Mou refuse to obey satisfy appeal to reach Beijing one quadrangle, one quadrangle was made (2018) Beijing 01 civilian rule 8359 numbers eventually, the ruling thinks:

Yao Mou, Gu Mou all fastens year of even more the emeritus old person of 6 a period of ten days, 2 people and Wu Mou are not acquainted before this, wu Mou falls in the condition that did not verify ability of loan utility, reimbursement, have mortgage because of loan only to the stranger lend that is not acquainted 4 million yuan of loan, and around this loan, signed much portion to wait for the loan contract with main endless and same provision to level of loan time limit, interest.

In this case lawsuit, after Wu Mou advocates inscribe date is in " loan and service agreement " it is the contract that both sides fulfils actually, and before lawsuit, wu Mou however with passing notarization " loan contract " for the basis, application notary organization signs and issue executive certificate.

" loan and service agreement " agreement, resurgence company has authority collection to administer penalty due to breach of contract of sex of service fee, penalty, still authority is in Yao Mou, Gu Mou not on schedule when reimbursement, by under market price the standard of 20% or the loan amount that agree by the agreement sell guaranty house property. And the contract that this issue involves party punish to weigh power increase is not leasehold both sides to be signed face to face at the same time, not agree with with constant manage.

In addition, resurgence company is in dun debt process, appeared to demand payment of a debt by the profession the case that the person uses soft violent kind to demand payment of a debt, leasehold and as evergreen as common folk not agree with.

According to " top people court involves economic crime suspicion about be in cognizance economy correct the regulation of a certain number of problems " eleventh regulation, "People court regards economic dispute as forensic case, think not to belong to economic dispute case via cognizance and of economic crime suspicion, ought to rule reject sue, move concerned material send public security mechanism or procuratorial work office. Move concerned material send public security mechanism or procuratorial work office..

Baconian key, yanshen thinks, experience summary

In light of us, beijing maintains this case not to attribute common folk's leasehold central point in 8359 rulings of one quadrangle, we can rely on logic to delay cover showpiece the road borrows and common folk distinguishs leaseholdly:

The first, common folk is leasehold, leasehold both sides ought to have particular human concern to prop up, or it is acquaintance, friend, kin, or be introduce by acquaintance, friend, kin, the folk with common anyhow is leasehold, have constant trustful foundation presence, it is to build understand a basis certainly to debtor in creditor over, such trustful foundation decides on certain level whether lender is right the main factor of debtor loan money, without the loan of for no reason at all, the likelihood when for instance a lot of people attend a college won't abandon friendly lend to the university 89 money, unless be the profession is put,borrowing a person perhaps is not common folk leasehold person at least, just can put to stranger borrow.

The 2nd, in common civilian leasehold concern, creditor besides call in besides capital, the purpose is for collection accrual, so creditor should consider the capital safety of own lend, want to consider capital safety, creditor should check the loan utility of debtor necessarily, still having is old person of 6 a period of ten days, have never met before with debtor, the loan utility that debtor ought to check debtor and repay ability, whether to use fund at normal use, if loan money is tremendous, below normal circumstance, not only should written check, still the spot is checked, actual survey, ability decides capital is safe basically.

Debtor repays ability also is creditor whether the key money lender borrower, whether do you meet the reader that views this article for instance lend the beggar that sees on a street million a huge sum of money? It is normal to want intelligence only, you connect 10 thousand won't of lend, because beggar does not have countervail,return ability. Manage together, in this case, gu Mou, Yao Mou two people are emeritus old person only, and already even more is more than 60 year years old, life income source is finite emeritus salary only, have far from repay money of a huge sum repays with what cease high ability, wu Mou is for accrual far from, however the house property for borrower.

The 3rd, the document that the subscription of the file such as bilateral loan agreement signs through whether be being reached normally also is to think to whether be common folk's leasehold main factor fairly.

If be normal folk leasehold, both sides stems from average trustful base and sincere letter habit, won't sign much portion to wait for the loan contract with main endless and same provision to level of loan time limit, interest, if this case has those who pass notarization already among them, also have those who be not course notarization, among them " loan and service agreement " agreement, resurgence company has authority collection to administer penalty due to breach of contract of sex of service fee, penalty, still authority is in Yao Mou, Gu Mou not on schedule when reimbursement, by under market price the standard of 20% or the loan amount that agree by the agreement sell guaranty house property. If loan is such distrust debtor, to debtor wariness is weighed so, so big need not loan, and have never met before again between leasehold both sides.

This explains, creditor one party is in sign loan contract, the setting took an advantage when contract document, creditor itself is the profession puts the team that borrow a person, took the step that covers a region to debtor, in the both sides when the contract is signed the civil law that is not equality any more concerns, the means that the method of use major concealments made be signed by debtor its are unidentified so many contract document, violate common folk's leasehold law, violated civil law to concern must equal, fair principle. And, the clause from inside the contract " by under market price the standard of 20% or the loan amount that agree by the agreement sell guaranty house property. " can see, creditor was installed ahead of schedule shed detain sex of model of this kind of blame assures means realizes creditor's rights, creditor did not check debtor repay below the circumstance of ability and loan utility, installed the item that sells a house ahead of schedule instead, this kind has be contrary to at constant manage leasehold, not be common folk of course leasehold.

Wen Mou, Xie Mou serves as lender, in court of people of the city zone sued Zhou Mou on the west, the court thinks after classics cognizance: "People court regards economic dispute as forensic case, think not to belong to economic dispute case and have economic crime suspicion via cognizance, ought to rule reject sue, move concerned material send public security mechanism or procuratorial work office. In this case, wen Mou, Xie Mou to Zhou Mou lend 2.2 million yuan, loan time limit is a month only, establish the act of hypothec with the house property of under one's name of borrower Zhou Mou, accord with " cover a road to borrow " typical feature, be suspected of economic crime. Reason is right the mention lawsuit of Wen Mou, Xie Mou, give the ruling is rejected lawfully. Give the ruling is rejected lawfully..

Baconian key, yanshen thinks, experience summary

In this case, also applied for notarization to loan contract likewise, borrower also fors years likewise even more the old people of 70, lender and borrower have never met before likewise, same, right also the house property set of borrower guaranty. And, loan time limit also has a short month only.

The person with shallow experience can feel such loan does not have what problem, but replace loan for oneself you can be aware of piece so leasehold abnormal: If you are lender, your borrower and you have never met before, and be a bank won't put the borrowed old people that returns ability without countervail basically, loan time limit still is a short month, you did not research loan use again, dry what does loan of this one month borrow? Is borrowing to a few days do not have to was about to still come back? Stem from distrust you established building guaranty, a month does not have reimbursement is break a contact, you are about to deal with the house property of debtor, be OK do you give deduction is the behavior that lends money to deal with of senile debtor house property? So, is your purpose accrual? How many interest can a month get? Your purpose is production debtor the fact of sure break a contact, deal with the house property of debtor, this is not normal folk of course leasehold, cover a road to borrow however!

The phone with the much half an year that marital Shen Mou of Tang Mou receives Hu Mou of intermediary of loan of company of the package outside some banking service, the room that says Home Shen Mou rose in price, in some bank so guaranty borrowed money 3 million, they are OK the normal bank guaranty with other intermediary borrows money 4 million, home Shen Mou can use loan effectively be used as business have enough to meet need. By go canvassing half an year, shen Mou was signed with company of the package outside some banking service on April 17, 2017 entrust an agreement, contract content Party A entrusts Party B to undertake financial loan seeks advice from a service, apply for loan to the bank with house property, xiang Shen of company of the package outside finance some collection 2000 yuan of early days serve cost, and accord receipt.

Hu Mou is heading this firm later Shen Mou and Tang Mou went to notarial place seeing Liu Mou, before saying to find other bank loan, need takes a course, to a bank, need only short-term 10 days of programs that pass the bridge, next the requirement according to Hu Mou, Liu Mou, in a series of sign on contract and file. Later, but arrived a month when also do not have when the Hu Mou that service company includes outside finance find a bank, contact the person such as Hu Mou to find the information of the bank, always push say to be found immediately, but Tang Mou and Shen Mou are very the person of sincere letter, accrual pays 25 thousand yuan of or so first phase 10 days to did not fall, the person such as Hu Mou of company of hair cash be in harmony, Liu Mou did not seek a bank intentionally, be in intentionally protracted, conspire against the law, so Tang Mou is mixed explain some oneself can seek normal bank only.

Tang Mou and Shen Mou find a bank, the course is evaluated, examined and approve on August 4, 2017 borrow 4484000 yuan through agreeing to put, but the building that discovers its under one's name at the same time has been mortgaged, hypothec person is Zhang Mou, contact Hu Mou to enquire hastily, hu Mou says, loan has exceeded a month, place above mortgages. Accuser asks Hu Mou contacts hypothec person Zhang Mou, requirement reimbursement, ask hypothec person Zhang Mou interprets pledge. But in bargaining Zhang Mou rejects Tang Mou reimbursement. Also be Tang Mou and Shen Mou right now see creditor him Zhang Mou for the first time. Send more because of the thing weird, tang Mou and Shen Mou want to returned the money that day, creditor Zhang Mou refuses forcibly, accuser asks to see a room this original, zhang Mou gives Fang Benlou only a part will to accuser look, can see color only, look not clear any information, the building below Zhang Mou went, accuser also is not contacted again on Zhang Mou. Tang Mou and Shen Mou discovery are incorrect, go going to Beijing circumstance of house property of inquiry of bureau of canal of house of abundant stage region, discover the building has changed Chen Mou under one's name, data of v change the name of owner in a register, discover Zhang Mou removes guaranty, remove the reason of guaranty is advocate creditor's rights has been eliminated, zhang Mou's agent is Liu Mou. With alleged what Chen Mou of the person that buy a house signs is Xiao Mou, xiao Mou hind passes inquiry, it is the hidden when passing bridge program at the outset notarization of feline be bored with entrusts a file, this notarization entrusts a file is Tang Mou entrusts Xiao Mou full-fledged member to sell a room to entrust.

Tang Mou refuses to obey sue request court to sentence make contract of this building business invalid, 2 quadrangle make Beijing final judgment court decision maintains: "In process of this academy cognizance, tang Mou applies for witness Liang Mou to appear in court attest, confirm the concern between Xiao Mou and Zhang Mou. Liang Mou appears in court the loan contract that offers Jing Mou notarization to be in notarization reachs notarial deed, confirm Xiao Mou suffers Zhang Mou to entrust sign loan contract and deal with notarial deed, explain Xiao Mou and Zhang Mou are acquaintance further. The authenticity of the evidence that Chen Mou provides to Liang Mou gives approbate, but do not approbate its to prove purpose and associated sex. Via checking, in the loan contract that Liang Mou offers, liang Mou fastens borrower, zhang Mou fastens lender, xiao Mou fastens Zhang Wei's attorney. The Jing Mou notarization that Liang Mou offers in first instance lawsuit is in notarization " a power of attorney " on account client is Liang Mou, one of depositary fasten Chen Mou, the version format of this a power of attorney and entrust attributive content and this case some, Shen Mou is in notarization in some notarization " a power of attorney " content is identical.

Check additionally, tang Mou parts on April 25, 2017, on May 5, on May 15, on May 25, on June 4, on June 14, on June 23, on July 4, on July 14, on July 23, on August 3, on August 12, will be in the bank of Industrial and Commercial Bank of China to Zhang Mou on August 22 account every time odd pen turns 24400 yuan, tang Mou advocates the department pays Zhang Mou's loan interest. Check again, chen Mou offers " Beijing puts contract of quantity building business " (broker clinchs a deal edition) sign time, responsibility of breach of contract and the relevant responsibility that did not handle authority to belong to move to register by the agreement to have concrete agreement without the contract; The guaranty circumstance of the building mentions expressly only hypothec person is Zhang Mou. Vendee of this contract agreement to betray a person to pay 50 thousand yuan of deposit, at the net the autograph pays that day; Buyers and sellers decides the building clinchs a deal the price is 3.7 million yuan, vendee is in change the name of owner in a register is paid that day more than 3.65 million yuan. The receipt that Chen Mou refers 2 pieces, content gets the money that buy a house for Xiao Mou respectively 3.05 million yuan reach 50 thousand yuan of deposit, the time of receipt of the money that buy a house mentions expressly for on July 24, 2017, deposit receipt time mentions expressly on August 23, 2017. Chen Mou says department of receipt of the money that buy a house looks for Xiao Mou to fill write, date has by accident, should with turning fund record is accurate. Via checking, chen Mou shows in the account of Industrial and Commercial Bank of China Chen Mou turned to Xiao Mou account on August 24, 2017 the paragraph adds up to 3.05 million yuan. Classics ask, the time that Chen Mou weighs to bilateral contract is signed in first instance is in August 2017 ten of the portion, the time that Chen Mou weighs to bilateral contract is signed in this academy cognizance is in July 2017 bottom or at the beginning of August.

This academy thinks, the focus of this case controversy is Chen Mou and Xiao Mou acting Tang Mou signs " Beijing puts contract of quantity building business " effectiveness problem. About whether the problem that ill will colludes with existing between Chen Mou and Xiao Mou.

? Above all, sign from the relation between party and relevant contract, fulfill the respect such as the process to look, before experience contract signs on record, Chen Mou and Xiao Mou are known each other namely, xiao Mou and Zhang Mou exist in the leasehold relation with case alien Liang Mou entrust a representative to concern, chen Mou and bridge also exist to entrust a representative relevantly to concern with building business between some. Also make clear in Chen Mou and the building business contract that resemble some to sign carry bright, experience case building sets guaranty, hypothec person is Zhang Mou, chen Mou should witting Tang Mou and debt of Zhang Mou existence concern.

? Next, this academy is examined " Beijing puts contract of quantity building business (broker clinchs a deal edition) " content, both sides signs time, exceed the time limit to hand in room, exceed the time limit to pay to the contract, the building such as detain of change the name of owner in a register of exceed the time limit, hypothec solution, responsibility of breach of contract trades crucial link and groovy problem all did not agree, accordingly, maintain bilateral department to trade normally hard; Additional deposit pays time the day that the agreement signs for the net, and in did not receive a contract to agree the circumstance of whole house money falls be about to building change the name of owner in a register gives the state such as Chen Liang also with normally trade the habit nots agree with. Again, what Xiao Mou writes receipt content existence to contradict, the Chen Mou explanation about a slip of a pen is too far-fetched. The vendibility of building of case of other basis experience, the building that the contract agrees trades the price is far also under normal vendibility.

? Finally, the form that signs from case experience contract is analysed, court of first instance maintains a department to sign blank contract beforehand, hold by Xiao Mou this contract and Chen Mou are signed again and be formed and do not have apparently undeserved. On put together, this academy thinks Chen Mou and Xiao Mou are signed " Beijing puts contract of quantity building business " form ill will to collude with, damaged legitimate rights and interests of Tang Mou, chen Mou appeals to hold a fact about court of first instance not clear, its are nonexistent the opinion that ill will colludes with case, this academy does not grant to adopt.

Whether is issueing accredit a power of attorney about Tang Mou its true meaning shows an issue. Significant civil law action must the meaning expresses true, it is invalid and civil action otherwise. Tang Mou fastens the property right person of experience case building, its to Zhang Mou loan, issue the accredit a power of attorney that sells experience case house to Xiao Mou, accredit is like some to sell experience case house, it is one kind assures actually the deed that Zhang Wei creditor's rights is able to realize, tang Mou the true means that issues a power of attorney the purpose to implement loan, and rather than offers the end of experience case building, the case that lasts to refund of Zhang Mou account from Tang Mou also but confirm. Additional, zhang Mou uses Tang Mou to be badly in need of getting borrow or lend money, make Tang Mou is forced to cater to its apiration, issue the notarial accredit a power of attorney that sells experience case house to Xiao Mou act against one's will, be being maintained hard is the real intention that stems from him Tang Mou. Accordingly, the Tang Dynasty issue a power of attorney, accredit is like some to sign change the name of owner in a register of money of house of building business contract, collection, conduction property right formalities and remove the right such as building guaranty, this is civil because behavior is deficient in a meaning to show true general and effective important condition, should be invalid and civil action. Undeserved basis is not worth statute of comfortable use of court of first instance of view of Chen Mou appeal, this academy does not grant to support. This academy does not grant to support..

Baconian key, yanshen thinks, experience summary

Two two tall " about dealing with " cover a road to borrow " criminal case the opinion of a certain number of problems " right " cover a road to borrow " common crime gimmick and measure introduced a few kinds of case, among them: (1) production folk leasehold false appearance. Person of guilty suspect, the accused often with " small finance company " " investment firm " " advisory company " " assure company " " the network is leasehold platform " wait for name to be publicized external, with low interest, without guaranty, without assure, draw borrow or lend money of the injured party fast loan for bait, then with " bail " " guild regulations " wait for the injured party of false reason prevail on to be based on wrong understanding to sign amount empty tall " leasehold " agreement or relevant agreement. (3) makes break a promise intentionally wanton perhaps cognizance break a contact. Person of guilty suspect, the accused often is met wait for means in order to set barrier of trap of break a contact, production reimbursement, create beak a contract of the injured party intentionally, perhaps carry wanton cognizance break a promise, ask the injured party repays forcibly false debt. Used when the two gimmick that cover a road two high to borrow in citing and measure " include but not be confined to " this kind of infrequent in opinion of so high standards vocabulary, because cover a road to borrow crime to be provided extremely,be concealment and cheat a gender, cover road and method to be provided extremely variational, cover a road to borrow a gang to often meet what the victim's intelligence quotient and reaction design the basis to differ cover a region, but, often have a few commonness: 1, covering a road to borrow often is gang form commits the crime, this case is for instance medium, the creditor one party that borrower Tang Mou encounters is the part that the gang with numerous number has acts fraud, the part has: Zhang Mou of company intermediary Hu Mou, creditor is wrapped outside finance, the Chen Mou of the Xiao Mou of the procuratorial Liu Mou of creditor, agent selling a house, person that buy a house, hatchet man that still has Chen Mou of forcibly occupy building is waited a moment, gimmick is in charge of bureau change the name of owner in a register through notarial, room, wait with building of violent means embezzlement. 2, cover a road to borrow general meeting to be designed a series of cover a region, through layer upon layer advance, the belongings of embezzlement borrower, get sudden huge profits. This case is for instance medium, the bag outside passing finance serves the go canvassing of company Hu Mou, tang Mou and Shen Mou original idea are intermediary of company of the package outside agreeing with finance to serve to loan of other and normal bank, the result became to the natural person Zhang Mou loan crosses the bridge, zhang Mou turned hypothec into the person, notarial entrusted Xiao Mou to sell a house, last building is sold secretly by notarial precatory Xiao Mou, the person that buys a house is Chen Mou of member of its people on one's own side. 3, covering a road to lend the mainest feature is to violate the true meaning of borrower to express. Lender gang uses information asymmetry and borrower of professional knowledge prep above, use the number, age, dominant position such as experience, still have lender the strong mentation of natural excel borrower, with " bail " " guild regulations " wait false reason and all sorts of word art if " this is a program, sign " , " this is a program so do, won't kill you " prevail on the injured party is based on wrong understanding to sign amount empty tall " leasehold " agreement or relevant entrust agreement selling a house or entrust agreement of sale house property to wait a moment. 4, cover a road to borrow often can be made in loan and fractionation gives other law concern. If this case is medium, when Tang Mou is receiving guiding of the other side to sign a document, generation went out to entrust what Liu Mou, Xiao Mou sells a house to entrust law selling a house to concern, the notarial law concern that gave application notarization with some notarial place generation, entrust those who be like some refund to entrust reimbursement legislation impact, the law of building business contract that sells Chen Mou the house concerns. The circumstance of embezzlement Tang Mou happens later, be commissioned sells the Xiao Mou of the room, Chen Mou that buys a house, the Zhang Mou that serves as creditor each other says fine long hair is irrelevant, do not know the other side, the dimension advantageous position that creates a victim is difficult. 5, cover a road to borrow often have grab the nature of sudden huge profits. In this case, building value of Tang Mou is in 6 million the left and right sides, and Chen Mou of the person that buy a house and Xiao Mou of person selling a house are colluded with through ill will undertake trade the price is 200 much, its pass such trading, tang Mou's loss is huge, the other side is in through trading embezzlement the house property of a huge sum. 6, cover a road to borrow often accompany have violent medium. In this case, tang Mou's building is gone to by baleful change the name of owner in a register after Chen Mou under one's name, chen Mou took a few to tattoo the skin instantly big fellow heads for Home Tang Mou, open a lock through opening locksmith, forcibly occupy building, tang Mou calls the police, but because Chen Mou holds some house property card to show Chen Mou,had been building droit person, the police suggests Tang Mou undertakes civil suit solve, this also shows a road to borrow have the extremely tall deceit sex that pretends criminal case civil case.

Pass above 3 case, we are summed up basically what giving is to cover a road to borrow, how to go identifying a road to borrow. Cover debt creditor's rights that borrows a case to concern to happen between stranger commonly, lender does not check debtor loan commonly utility and repay ability, much portion of general countersign arrange is right the loan contract with the main endless and same provision such as level of loan time limit, interest, won't give borrower loan contract and relevant agreement commonly, when realizing creditor's rights commonly, meeting companion has force or weak force, what general meeting sets loan time limit is extremely short for instance a month or 3 months, general meeting makes creditor break a promise intentionally, general meeting regards helper object as old people or weak force group, action of general meeting gang partakes different role, it is the profession is put commonly borrow a person, general meeting undertakes violation borrower true meaning is denotive beguiling behavior, etc. This is covered namely the road is borrowed and common folk is distinguished leaseholdly, violate common folk's leasehold law. The destruction that covers a road to borrow pair of victims power is great, crime camouflage becomes civil case, a lot of victims call the police, because too leasehold like folk dispute, and by reject a complaint. But cover a road to borrow creditor gang beginning to cover a road to borrow already design stage, the evidence of a large number of lawful appearance mastered in the process, it is difficult to bring about a victim to have kid explain. The author thinks, help victim undertakes the road is borrowed turning over covering, the most important is to identify it, identified a road to borrow ability to defeat solution only it.

What acting debtor borrows a case to covering a region is basic answer. " top people court about trying statute of comfortable use of civilian leasehold case the regulation of a certain number of problems " the discovery when court of the 19th people hears case of civilian leasehold dispute has following state, the fact such as flow direction of kind of origin of the matter that ought to investigate leasehold happening strictly, time, place, money, pay, money and leasehold and bilateral relationship, economic atmosphere, whether does integrated judgement belong to false and civil suit: (One) lender does not have lend ability; (apparently 2) the fact that lender sues a basis and reason do not accord with constant manage; (apparently 3) the likelihood that the existence of creditor's rights proof that lender perhaps cannot refer creditor's rights proof forges; (5) party one party perhaps, the attorney is not clear to leasehold fact allegation perhaps state antilogy;(6) party both sides perhaps accuses without any controversy to the happening of leasehold fact argue does not accord with constant manage apparently. " top people court about lawfully the announcement of leasehold case of appropriate cognizance folk " regulation, "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. We can make clear Hunan from the case of the regulation of above and above face, true folk is leasehold depend on detail with the distinction that covers a road to borrow, the distinction of real thing and false general affairs is, false general affairs has the flaw that cannot justify oneself and flaw certainly, we are OK from money origin, 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, still can apply for him party of forensic summon to court to arrive front courtyard, accept an inquiry with respect to concerned case fact, examine the strength that obtain evidence through increasing tone, find out nitty-gritty, the fact such as flow direction of kind of origin of the cause that we also can help party examine leasehold happening as agent, time, place, money, pay, money and leasehold and bilateral relationship, economic atmosphere, find out the detail flaw of the case that oneself encounter, the fact that finds out lender to sue a basis and reason do not accord with what often manage apparently, and its allegation and the flaw that submit evidence. Wanting those who know a holiday is false, cover a road to borrow make up give a crammer to want to come with the crammer of 1000 round, meet only more false. This article of hope author is useful to Zhu Jun. Encourage.