非法吸收公众存款案中投资人合法权益救济

Relief of Investors’ Legal Rights and Interests in the Case of Illegally Absorbing Public Deposits

现行法律中,因刑事与民事法律规定不统一,导致了同一法律行为被不同评价。特别是在非法吸收公众存款案中,法院在对投资人财产权救济上存在不同的审判标准,进而在合同效力认定、利息保护、判决执行等实务层面产生了不同影响。建议在处理非法吸收公众存款案件中,以"刑民并行"原则为主,"先刑后民""先民后刑"原则为辅;合同按照民事法律规范进行处理,合同若有效,投资人应当给付合法利息;民事裁判作出后,刑事裁判认定所涉合同无效的,法院应对民事裁判启动再审。

In the current law, the criminal and civil law provisions are not unified, resulting in the same legal act in different evaluation. Especially in the case of illegally absorbing public deposits, the court has different trial standards for the relief of investor's property right, which has different effects on the confirmation of contract validity, interest protection, judgment execution and other practical aspects. It is suggested that in dealing with the cases of illegal absorption of public deposits, the principle of "punishing the people in parallel" should be the main principle, and the principle of "punishing the people first" and "punishing the people first" should be the auxiliary principle. The contract shall be handled in accordance with civil laws and regulations. If the contract is valid, the investor shall pay legal interest. After the civil judgment is made, the criminal judgment determines that the contract involved is invalid, the court shall initiate a retrial by the civil judgment.