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Reflecting And Reconstituting About The Processing Mode Of Criminal Procedure Prior To Civil Procedure In The Economic Crime Case

Posted on:2015-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhengFull Text:PDF
Abstract/Summary:PDF Full Text Request
“Interlocked penal and civil” economic crimes are common and confusing. For such cases, there are different opinions. Due to the highly-principled legal regulations and difficulty to enforce, the justice department and the partiesto the case have different interpretations about the rule. This leads to conflicts in judicial application, reduces the efficiency of handling cases, increases thecost of handling cases, and affects the fairness of cases. How to handle “Interlocked penal and civil” economic crimes to fight against crime and coordinateparties concerned is a puzzle to law enforcement and judicial practice in recent years.The author tries to analyze the status and characteristics of interlocked penal and civil economic cases in Fujian province based on statistical data from2009to2012and other information. I will discuss criminal trial before civil trial in the economic crimes, and provide some suggestions. This paper includesthe four sections:The first part: Program of “interlocked penal and civil” economic crimes----On object, puzzle and significance. Currently,“Interlocked penal and civil“economic crimes showed multiple status in China. As a result, many problems are the procedural and substantive. This paper studies the problem in “interlocked penal and civil” economic crimes and the different treatments to handle those cases in today’s judicial.The second part: The application and rationality of Criminal Trial Prior toCivil Trial in the economic crimes. I investigate the two causes of criminalTrial before civil trial in the economic crimes: the traditional unity of criminaland civil procedures and, and biases of criminal procedures against civil procedures. I further investigate the origin、the current justice status and rationalityabout Criminal Trail Prior to Civil Trial in the economic crimes.The third part: Revisiting Criminal Trial Prior to Civil Trial in the economic crimes. I point out with the problems of Criminal Trial before Civil Trial in handling the “Interlocked penal and civil” economic crimes cases: difficulty to establish the civil case; reduced judgment power in civil cases; abused byillegal actions. I also discuss the lack of theoretical support for this handling.There exists arguments about “Criminal Trial before Civil Trial” in the acdemic field of law, it is generally recognized that it is lack of legal basis, It ignores privacy, continues traditional thinking of favoring criminal trial over civil trial, forces the civil and criminal procedures against each other, and loses fairness and justice of the law in its highest purpose.The fourth part: Reconstructing the economic crime cases of program processing mode. At first this paper compares several processing mode of “Interlocked penal and civil” of economic crimes cases. Then point to it should to limit this mode in a reasonable range, at the same time should be set up type separation mechanism of “Interlocked penal and civil” of economic crimes casesand ought to remove to two machine-made aspect from making the standard suitable for use clear and perfecting perfect the regulation suitable for use that"punishment queen people principle hits the target first" in the economy dispute and economic crimes intersection law case.
Keywords/Search Tags:Economic crime, Criminal Procedure Prior to Civil Procedure, Processing mode, Reflect
PDF Full Text Request
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