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当前,随着商品经济的发展,公民之间的借贷关系日益增多。我国《民法通则》第90条规定“合法的借贷关系受法律保护”。对于民间借贷的出借人、借款人的合法权益法律予以保护。但在借贷纠纷中,有的出借人明知借款人是为了进行非法活动而借款的,按照最高院《关于人民法院审理借贷案件的若干意见》的规定,其借贷关系不予保护。对双方的违法借贷行为,依法予以民事制裁。
At present, with the development of commodity economy, the borrowing and lending relationship among citizens is increasing. Article 90 of China's “General Rules for Civil Law” stipulates that “lawful lending and borrowing is protected by law.” For the borrowers of private lending, the legal rights and interests of the borrower are protected. However, in the case of loan disputes, some lenders know that the borrower borrowed money for illegal activities. According to the Supreme People's Court's “Several Opinions on Trial of Lending Cases by People's Courts”, the loan relationship is not protected. Illegal loans to both parties shall be subject to civil sanctions according to law.