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Legal Analysis Of "Criminal Procedure Prior To Civil Procedure" In Trial

Posted on:2012-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:H B HuangFull Text:PDF
GTID:2216330368493792Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the rapid development of economics and law system, the case in which the legal fact violate both criminal and civil rules occurs frequently in daily life. Since the character and standards are different for the legal liability in criminal procedure and civil procedure, how to decide the order of criminal procedure and the civil procedure is a question we often face in trial. Though there are some laws and judicial explanations for such cases, but the laws and judicial explanations are simple and not so clear. And with the influence of the traditional thought of laying stress on the criminal law and making light of the civil law, in practice, criminal procedure prior to civil procedure is the rule for such cases.The specific case in this thesis, is a case with dispute of sales contract in which the author is appointed as agents ad litem. Since the case was referred to contract frauds, the people's court made a written order to suspend the legal proceeding.The civil rights of the plaintiff and the judicial fair is damaged because of the suspension.ln the thesis, the author thought through the questions occur in the trial which is guided with the rule of criminal procedure prior to civil procedure, and tried to find soem more reasonable legal measures.
Keywords/Search Tags:criminal procedure, civil procedure
PDF Full Text Request
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