Hearing Of Cases Involving Both Criminal And Civil Proceedings

In judicial practices, as cases involving both criminal and civil proceedings are related to both civil and criminal procedures, judges are likely to be faced with conflicts between the two procedures during hearing. Moreover, the imperfection in current legislation adds to the complexity, renders such cases a knotty issue long perplexing the people's courts. The present article firstly, from the perspective of civil suits and closely taking into account the judicial practices, evaluates the current legislation in a relatively systematic manner. It analyses the pattern for hearing cases involving both criminal and civil proceedings and moves on to retrospect the issues long existing in the hearing pattern of "criminal action prior to civil action" and the dilemma faced by judges. It also takes into consideration the view points from the theoretical circle to seek the crucial factors influencing judges' hearing of such cases. Secondly, by comparing and surveying Taiwan and foreign countries' legislation and judicial practices for such cases, the article summarizes and borrows ideas from the reasonable portions thereof. In the end, it points out that the hearing of cases involving both criminal and civil proceedings should be improved in both legislation and judicial realms so as to improve hearing of such cases.This article excluding introduction and conclusion is divided into three parts:Chapter I. Overview of cases involving both criminal and civil proceedings, gives the definition, causes and representation of cases involving both criminal and civil proceedings. The hearing patterns for such cases include "criminal action prior to civil action", "criminal action concurrent with civil action" and "civil action prior to criminal action".Chapter II. Status quo of factual hearing of cases involving both criminal and civil proceedings, further discusses the problems existing in current handling patterns for cases involving both criminal and civil proceedings by making an analysis of handling patterns of the supreme court and some local courts for this type of case. The chapter also includes retrospection on the "criminal action prior to civil action" pattern that has been imposing impacts on judges hearing cases involving both criminal and civil proceedings for a long time. Chapter III. Suggestive reshaping of hearing of cases involving both criminal and civil proceedings, introduces hearing of cases involving both criminal and civil proceedings in foreign countries and Taiwan and borrows some ideas from their patterns. A conclusion is made in the end that hearing of cases involving both criminal and civil proceedings should be centered by establishment of principles and improved from both legislative and judicial aspects.