That The Contract Is Legally Binding On Interlocked Penal And Civil Cases

Research on civil and criminal cross is the first to meet the need of judicial practice. The issue of civil and criminal cross lies in the edge area between criminal and civil law’s deliberation.Nowadays, the existing research focus only on the discussion of criminal law follows civil law, civil law follows criminal law, either civil law or criminal law, or both civil law and criminal law in the aspect of process. So far, the papers or monographs about studying the difficult problems of civil and criminal cross from the angle of the relationship of China’s substantive law are rare. But in the existing literature, the angle and focus is not prominent in the aspect of entity, the judicial practice is not enough, and the improving significance of the theory is also lacking. In the face of the complex legal relationship in civil and criminal cases in practice, current judicial system in our country is not clear enough to explain cases and to be applied, the confirmation of the validity of the contract is especially more confusing. This paper tries to study the confirmation of contract validity in the situation of civil and criminal cross, and further proposes the right relief of contract rights in the criminal and civil cross cases, from the perspective of the present stage of China’s criminal and civil cross contract’s validity confirmation, according to the entity theory of criminal and civil cross.Full-text language and conclusion except guide is divided into four parts.Part I:Interlocked penal and civil theories. First, the concept of criminal and civil cross is discussed, secondly, the treatment principle of penal and civil; again, this is mainly used in the judicial practice of our country’s principle, and evaluation.Part II:Summary of the theory of validity of contract. By introducing the concept of the general theory of validity of contract, validity of contract for civil and criminal cross search theory, first is the definition of the concept of contract, then puts forward several characteristics of the entry into force of the contract and several effective factors, and finally puts forward the exception of contract, namely the effect pending contracts, invalid or cancel the contract.Part III:Determine the effect of cross cases under the criminal and civil contract. First of all, to the mandatory provisions to discuss the influence on the validity of contract violation, that difference between different normative force under the contract; secondly, to analyze the effectiveness of a contract that is interlocked penal and civil cases from fraud angle; again, to analyze the effectiveness of a contract that is interlocked penal and civil cases from the illegal business crime cases perspective.Part IV:Imagine the interlocked penal and civil case contract enforcement system. Mainly put forward four ideas, first of all, put forward the abolition of the principle of criminal priority; secondly, put forward to protect the interests of bona fide third party; secondly, put forward ideas involving property disputes civil judgement priority; finally, put forward their applied different rules of evidence.