The Research On Exception Of "Criminal First, Civil Second"

In judicial practice, the concurrence situation of criminal cases and civil casesfrequently happens. In long term,“Criminal first, Civil second” principle has beenregarded as main approach to handle with such cases practically. Even though“Criminal first, Civil second” principle has become a guiding principle, there is noexpress provision on it. Meanwhile, with the development of commodity economy,this handling mode gradually can’t reach the requirements of this kind of interlockedpenal and civil cases, so that the legitimate interests of the parties can’t get timelyrelief and fully protected, and do harm to the authority of law. Considering thecontroversy on cognition of this kind of interlocked penal and civil casesacademically and practically, this article redefine and divide this kind of interlockedpenal and civil cases, and tried to question the reasonableness of “Criminal first, Civilsecond” handling mode on the legal basis. Based on typical cases in judicial presentsituation,the article analyze the realistic problem of the handling mode and putforward the exception handling mode of this kind of interlocked penal and civil cases.Otherwise, this article draw on the handling mode of this kind of interlocked penaland civil cases by the comparative way and offer the reference to the exceptionhandling mode of this kind of interlocked penal and civil cases here in China.This article can be divided in five parts.Chapter1mainly refine this kind of interlocked penal and civil cases on the basis of standing academic reviews and divide this kind of cases according to theirmanifestation. Meanwhile, combining standing judicial interpretation and judicialpractice, this article summarize and conclude the handling mode of this kind ofinterlocked penal and civil cases, that is,“Criminal first, Civil second”,“Civil first,Criminal second”,and “parallel criminal and civil”.Chapter2mainly sort out the laws and regulations which stipulated handlingmode of “Criminal first, Civil second” and analyze the deficiency of theory from thepoint of the long-standing reason. Otherwise, this article analyzes the realisticproblem on the basis of the abuse current judicial situation.Chapter3mainly put forward comments on the handling mode of “Criminal first,civil second” based on the aspects of theory and practical needs.Chapter4illustrate extraterritorial handling mode of this kind of interlockedpenal and civil cases by the comparative way, such as, the criminal suit incidentalcivil action system and parallel criminal suit and civil suit system, and acquireenlightenment on handling mode of this kind of interlocked penal and civil cases herein China.Chapter5"people firstsentenceafter" exceptional visionmode, proofandstandardof proofand thespecificpatternoffact-findingprocess, offer some suggestionsforsolvingcross-Criminal and Civil CasesforCriminal and CivilCasesofthepropersettlement ofcross-and processedto provide ideas.