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Cross Case Processing Pattern Of Criminal And Civil

Posted on:2016-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:L H BiFull Text:PDF
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Although criminal and civil is divided into separate disciplines, But in real life, The content of the criminal law and civil law provisions increasingly intertwined, locked in each other. In the judicial practice of complicated, alternates between torture people is inevitable. In recent years, torture people cross type cases, because of its contradiction and conflict processing mode, lead to different connection phenomenon. In this article to deposit savings contract people cross case for Angle of view, After that depositors will be money in the bank, the money to be criminals to misappropriate or transfer, depositors against bank requirements shall bear civil liability, This kind of case form different opinions in the trial practice, most of the court that is responsible for the main body of the bank or criminals, in which bank whether there is a fault and responsibility, such as the size of the facts ascertained, needs to wait for criminal case rear can find out, so the punishment queen people first processing pattern will suspend the trial case, There are part of the court said the case belong to suspected of economic crimes, to dismiss the case to the prosecution. Based on the practice for different cases of the same type of practice, it is necessary to torture people cross case processing mode are discussed. The current punishment the cases of people cross pattern mainly has "first the punishment queen people", "punishment" parallel ", three "ancestors to punishment", The three kinds of processing mode all have their respective advantages and disadvantages and applicable scope, currently the most widely used is the" "first the punishment queen people" model, although the model has its own advantages, but can not be generally applicable to all torture people cross case, for the different case, can be the difference between applied different processing mode. This article examines the foreign judicial to torture people cross case processing mode, comparing advantages and disadvantages of outside two kinds of patterns, points out that the defects existing in the torture people cross cases in China, the legal basis to handle torture people cross case set earlier time, can not adapt to the economic development of our country and the needs of the trial, and some clauses contradict each other, has not yet formed a unified, perfect legal norm, aiming at the above shortcomings, put forward from two aspects of the details of the law and the specific operation Suggestions of perfecting our country’s punishment people cross case processing pattern.
Keywords/Search Tags:Criminal civil cross, Processing mechanism, After first criminal civil, Criminal civil parallel, Ancients later criminal
PDF Full Text Request
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