Research On The Mechanism Of The Interlocked Penal And Civil Cases

The contentious procedure of the interlocked penal and civil cases is continuously perplexing the administration of justice. During the last two or three years, the interlocked penal and civil cases have always caused the extensive attention of the professional and practicing society, but they don't reach common understanding about the basic characteristic of the interlocked penal and civil cases and they are still lack in the research on how to deal with it systematically.Chapter One lists different views of some scholars about the definition of the interlocked penal and civil cases, comparing with each other. Then I redefine it and analyze the distinguish features of it by introducing a typical cases. To better study the interlocked penal and civil cases, I determine the relationship between the penal and civil legal facts as the standard of categorization, so the interlocked penal and civil cases are divided into implication of connection and coincidence. In this article, criminal case with incidental civil action is brought into the category of the interlocked penal and civil cases.Chapter Two discusses that the litigation patterns of the compensation for damages caused by criminal offenses include "the style of attach" and "the style of equal rank" in the overseas. At the same time, this article summarizes the characteristics of the criminal case with incidental civil action in the judicature practice and set forth the reasons why the criminal case with incidental civil action is brought into the category of the interlocked penal and civil cases.Chapter Three generalizes the present situation of the contentious procedure to deal with the interlocked penal and civil cases. In the first place, this article expounds the form of expression about conflict between the criminal and the civil procedures in general sense. Because the criminal case with incidental civil action is a special form of the interlocked penal ande civil cases, this article seperates it from the ordinary interlocked penal and civil cases to discuss the problems of it.Chapter Four points out that in the process of dealing with most interlocked penal and civil cases in the actual judicial practice, "First criminal, Second civil" is applied undoubtedly as an acknowledged truth. But this lead to many abuses. This article lists several legal documents related to the mechanism about solving the interlocked penal and civil cases detailedly and then fix the correct position of "First criminal, Second civil" again. I propose to consummate the mechanism of dealing with the interlocked penal and civil cases from aspects of rinciple and regulations. Whether the criminal case with incidental civil action goes on existing or being abolished causes extensive diapute, and I consider that it's still necessary as a contentious procedure, but it needs to be improved in the regulations, and I give some suggestions.