Research Of The Interlocked Penal And Civil Issue

The interlocked penal and civil issue,which is also a difficult problem in the judicial practice,is one of the hot topics in the legal research. On the basis of previous researches in this field,and with concluding and summarizing the concept of the interlocked penal and civil issue first,and analyzing it systematically,this paper tries to make the concept of the interlocked penal and civil issue,and takes a further probe on the criminal and civil illegal problems,then evaluates the responsibility,and finally lays the foundation for applying the proceeding.This paper includes two volumes which are the substantial volume and the procedural volume.The first volume which generalizes the whole paper, is divided into three chapters.The first chapter is the discussion on the concept of the interlocked penal and civil issue.On the basis of the systematical introduction on its concept,the author makes the concept of the interlocked penal and civil issue,and summarizes the various misunderstanding in the academia.The second chapter is the discussion on the interlocked penal and civil illegality.What is solved in this chapter is the problem of the relationship between the criminal illegality and the civil illegality——contract breaking,tort and commercial illegality,which is the problem of the relationship between the criminal law and the civil law in the nature.Then,the author distinguishes the relationship between the crime and the contract breaking,the crime and the tort,the crime and the unjust enrichment,the crime and the illegal constitution.The third chapter is the discussion on the relationship between the criminal responsibility and the civil responsibility.What is solved in this chapter is the problem of the relationship between the criminal responsibility and the civil responsibilitythe responsibility of the contract breaking and the tort,from the angle of the interlocked penal and civil issue,the discussion on the responsibility includes the problem of the parallel execution between the criminal responsibility and the civil responsibility,and the problem of their applying, which is another important content in the discussion on the interlocked penal and civil issue.In the procedural volume,there are two chapters.The fourth chapter mainly focuses on the interlock between the criminal procedure and the civil procedure and their operations.On the basis of the introduction on the general principles in the criminal and civil procedure,the author advances the basic principles which should be followed in the interlocked penal and civil cases,and also discusses on some specific problems,such as prescription,decision res judicata.The fifth chapter is the consummating of the incidental civil action.In this chapter,on the basis of the systematic introduction on the general execution of the incidental civil action around the world,and according to many problems of the incidental civil action in our country,the author advances his own opinion,and construct a new system of the incidental action with Chinese characteristics.,which can match our country's basic situation and show the socialistic justice,and provide the procedural support to solve the interlocked penal and civil issue.The author recognizes the recent period which Chinese criminal law is passing through as a watershed that we have the mission carrying forward. This report not only quotes the data abroad,but also collects,introduces, and analyzes civil relative works till 2008,to carry forward the predecessor' achievements,to expect to provide a reference for the readers.