Torture People Cross The Cases Of A Number Of Problems

As one of the most common lawsuit cases, interlocked penal and civil cases increase everyday and become more and more complicated and more difficult to handle with the development of the society and economy. This has got broad attention from the professional and practicing society in recent years. However, there is no systematic research on what is real interlocked penal and civil case, as well as what is the juridical principle on solving interlocked penal and civil cases.This thesis analyzes the causes of the interlocked penal and civil cases and divides the cases in two categories from the angle of division by analyzing and concluding the concept and characteristics of these cases. The two categories are:one is caused by the difference judgment based on the same lawsuit from different legal principles and furthermore this kind can divided into two conditions: one condition is the lawsuit is against both the penal and civil law relationships which is not controversial at all; the other condition is the lawsuit case is hard to decide one belonging to:penal law relationship or civil law relationship which means it is controversial; the other category is one caused by different criminal facts, that is,different but related legal facts are against penal or civil law relationships respectively. The reasonable division on the penal and civil lawsuits is good for the right solution for the lawsuit cases. Meantime, in order to help the judicial department to deal with the typical penal and civil cases more pertinently, this thesis conclude the cases into five forms according to their characteristics:(1) cased interlocked commercial fraud and contract dispute; (2) cases interlock business manager or directly related person committing crime taking advantage of the power and the business dispute; (3) cases interlock financial chicanery crime and financial disputes; (4) cases interlock Intellectual property crime and intellectual property rights disputes; (5) cases interlock commercial crimes of fake products'production and sales and business disputes. Concluding the specific forms of the penal and civil cases can shows the characteristics of the cases and helps the juridical departments to handle the cases more quickly and more accurately in practice. The procedural issues during the trail of interlocked penal and civil cases are the key point of handling the cases. On researching the procedure handling modes, the thesis, first of all, analyzed the specific provisions of the penal and civil cases on the relevant judicial interpretations and regulatory documents, then do some research on the three most common handling modes in practice as "penal and civil parallel ", "first penal then civil" and "first civil then penal", focusing on the contents, scope, legal position, existing theory and value bases, the disadvantage and solution in judicial practice of the most controversial one:"first penal then civil"; secondly the thesis concludes on the scope of penal and civil parallel" and "first penal then civil". In penal and civil cases, the most difficult problem is the conflict between Criminal judgments and civil justice. This thesis research and analyze the provision of this kind of case in the country of the two big law systems and our county, specifically on the judgment of first criminal then civil(Distinguished as guilty verdict, and mandatory) and first civil then criminal(Prosecute and counterclaims).This thesis selected the topic from judicial practice. The key point of it is to analyze the problems in practice with related theories in detail in order to solve the practical problems.