Reflection On The Principle Of "the First Punishment And The People" In The Cross Cases Of Criminal And Civil Cases

The "Penal Priority" principle is the fundamental principle or basic system of settling the interlocked penal and civil cases.When the facts of the civil case are the same with the facts of the criminal case,it’s usual to settle the criminal case before the civil disputes no matter in the institution of law or the juridical practice. The consequences caused by the above-mentioned processing mode are unfavorable. The rights of the civil plaintiff cannot be claimed in time, some are even unable to claim. Theoretically, this processing mode is not conform to the contemporary principles of law. The "Penal Priority" principle is contrary of the principle of rights-based, judicature unity and presumption of innocence.Moreover, it’s also not conform to the internal rules of the market economy. This article is mainly based on the deep reflection of the "Penal Priority" principle.