The Program Selection Of The Interlocked Penal And Civil Case

The interlocked penal and civil case is a special type, which have been a demanding problem to deal with for a long time. The program selection of such case is more worth to discuss. As the Legal consciousness of people improving, the traditional model chosen by the judicial authority, "Criminal case first", is no longer suitable to all cases. This article try to classify the type of the interlocked penal and civil case, and analyze several model of the program selection, aiming at perfecting the existing model, furthermore creating a flexible way to choose the program.First of all, this paper introduces the definition of the interlocked penal and civil case, then analyses the cause of the interlocked penal and civil case mainly is history, reality and the result of the interlocked penal and civil case, and then discusses the several types of the interlocked penal and civil case, mainly include: individual behavior at the same time be evaluation makes the criminal law and civil law contained in the legal relationship of criminal law and civil legal relationship of produce phenomenon in type the interlocked penal and civil case; Two or more actions by the judgment of the criminal law and civil law evaluation at the same time, it is concluded that the criminal law facts and civil legal people involved relationship type of the interlocked penal and civil case; Due to the civil law standard and norms of criminal law legislation "transition zone" and the transitional between the interlocked penal and civil case. Last the interlocked penal and civil case program was described in detail the value pursuit of controversy from the procedural justice and litigation timeliness concept and is caused by the judicial organs and related to the interests of the parties is differentThe second part explore the origin and the scholars’ understanding of "Criminal case first ". Then the writer show his opinion, which is that "Criminal case first” can still be the general rule of the program selection. In order to support his point, he try to emphasize on the superiority of "Criminal case first " in saving the costs and resources of litigation, the judge is capable of this model and "Criminal case first " do not mean that public right is superior to the private right. But in some specific parts, it should be improved in choice right of the parties, absentia system and the compensation scope of an incidental civil action.The third part analyze the case which is match the "Civil case first ". Such as the criminal procedure, can’t timely handling cases; Civil disputes and criminal have direct involvement, but still the victim have the right to choose to be the first to the third person to seek civil remedies cases; Transitional sentences people staggered case, for whether to enable criminal procedure is not clear, can be applied cases of civil procedure; After the end of criminal litigation procedure in civil cases is difficult to perform, can choose in the process of criminal incidental civil trial stages of "Civil case first", then discusses the value of "Civil case first" is suitable for the processing of incidental civil action, to the victim, the value of the defendant and to the society and so on various aspects.The last part of the article, combining the above content, proposed based on the types of cases, choose a different application mode. "Criminal case first" mode for general processing mode, in the face of a large number of common the interlocked penal and civil cases still need to apply the model selection process to save resources, but for the judicial staff, this model will not be the only way to handle it, when faced with a specific case, must be the case specific analysis, when required, can also apply "Civil case first" or "punishment parallel " program mode. In addition, the special circumstances, such as intellectual property cases by the national legislation, through the special trial mode. To set up a flexible response to various kinds of the interlocked penal and civil case program selection.