On The Procedural Mechanism Of The Filing Conflict In Civil Financing Case

China’s civil financing has been quite active in recent years, and the number ofcases increased significantly. However, as a lot of people involved in this kind of case,it become very sensitive and will lead to group dispute and group petition if the resultof the case can’t reach the requirements of this people. In consideration of thecomplexity of this kind of case, the court and public security organization both takeadvantage of the “Criminal first, Civil second” principle to deal with the registrationproblems and sometimes abuse the principle in the benefit of the department interest.This kind of behavior do harm to the right relief of the victim and to the image ofjustice. Although the Supreme People’s Court enact a series of judicial interpretationsto regulate the abuse problems, it still very difficult to put an end to this situation asthe corresponding mechanism not well organized and the out-dated concept of thejudicial personnel. After introducing the current judicial treatment situation of theregister conflicts of this kind of interlocked penal and civil cases, this article point outthe shortage of the standing processing mechanism and analyses the reasons and thenbring out some ideas about how to resolve this problems.This paper consists four parts.The introduction introduce the increasing of the civil financing case this yearsand the serious problem of the register conflict of illegal fund-raising case, and then focus on the writing methods and writing purpose of this paper.The first chapter introduces the current judicial treatment situation of the registerconflicts of the civil financing case and then analyses the specific reasons.The second chapter procedure analyses the reasons of the “Criminal first, Civilsecond” principle, and then point out the dilemmas of the principle’s application injustice practice.Then third chapter put forward some principles about how to solving the registerconflict problems, and then give some suggestions about the appropriate applicationof the “Criminal first, Civil second” principle and other supporting mechanism.