The Processing Approach For Interlocked Penal And Civil Cases

Some complicated cases in judicial practice both involving civil legal relationship and criminal legal relationship, civil liability and criminal liability concurrence. This kind of case is interlocked penal and civil cases, due to the particularity of interlocked penal and civil cases and the imperfect legislation, the cases of square cross lead to people has become the difficult problems in the judicial practice. How to deal with them has become a topic worth discussing. The first part of the article from a real case, according to the case, analysis the contradiction from court, raises the people square cross courts are widespread problems, such as after the effective criminal judgment, the victim has the same legal facts and civil litigation, the civil judgment and how to solve the conflict of criminal judgment; Found in the trial of civil and commercial disputes involving criminal crime, whether the court shall, on grounds of "Criminal Procedure First" to suspend the civil trial, etc. The existence of these problems, not conducive to protecting the legal rights and interests of citizens, is not conducive to the strong adjustment of social relations, and even affect the judicial justice and social harmony and stability, thus draws the correct understanding of the people square cross case processing approach, appropriate to apply different trial model is necessary. Analysis in the second part, in this paper, it is because of our country about the provisions of approachs about interlocked penal and civil cases are mostly to the provisions of the approach of "Criminal Procedure First" and the approach of "Criminal Procedure First" reflects the status quo of the current judicial activities and requirements, and the approach of "Criminal Procedure First" abuse, judiciary officials tend to "Criminal Procedure First" as the approach of a law shall apply to the people square cross case, eventually lead to the people square on the processing of a variety of problems to the crossing. This part based on the approach of "Criminal Procedure First" overview, advantages and disadvantages analysis, reviewing, gives the approach of "Criminal Procedure First" correct positioning: approach of "Criminal Procedure First" is formed in the judicial practice of dealing with people, punishment is one of the ways to the crossing, has not yet reached the height of the guiding ideology or source, to some extent, does not mean that the rationality of the applicable absoluteness. The article third part according to the legal fact cross different interlocked penal and civil cases can be divided into different categories, based on the interlocked penal and civil cases type to determine different approachs. Through demonstration analysis, punishment of cross cases in dealing with people, "Criminal Procedure First" approach, the approach of "Criminal Procedure and Civil Procedure " and the approach of "Civil Procedure First" and no one actor who bad, but from parallel position, are being more applicable, have been less applicable. Finally draw the conclusion: for the people of the concurrence of legal fact type square cross case the trial of civil litigation should be on the premise of assumption of criminal responsibility of the facts and legal case type of difficult people square cross case apply the approach of "Criminal Procedure First"; For legal fact implicated type people square cross case apply the approach of " Criminal Procedure and Civil Procedure "; For the people of the concurrence of legal fact type square cross case of criminal proceedings should based on the results of the processing of civil litigation cases apply the approach of "Civil Procedure First".