Interlocked Penal And Civil Judgment:Confusion And Countermeasures

In the judicial practice of our country, we often encounter the problem of cross criminal and civil and commercial disputes. This problem is perplexing, which relates to the problem of program, but also to substantive problems. Properly handle the cases of good civil and commercial disputes and criminal, civil rights is crucial to the fight against crime and the protection of human rights.The problem of criminal and civil cross is caused from the practice, in order to study better, firstly introduces three typical cases of the basic facts of the case and the judgment of the court to make judicial practice of our country on this kind of problems in judgment confusion. Secondly, briefly describes the concept of the criminal case crossing with civil case type and judgment standard. Promulgated on 1998 by the Supreme People’s Court on several issues relating to "suspected economic crimes in the trial of economic dispute cases" (hereinafter referred to as the provisions of the judicial interpretation of 98 years) and the relevant provisions of the Contract Law lists and analysis of specific legal norms to explain the criminal case crossing with civil case.In the third part of the article is mainly through 98 years of judicial interpretation as the representative of the first punishment queen people principle and the relevant provisions of the contract law of the people as the representative of punishment two treatment principle is introduced and how to apply the method to find the solutions and the judgment of chaos. Diversified processing mechanism of criminal case crossing with civil case, including the first punishment queen people should adhere to the principles applicable in a certain area, part of the case for criminal and civil parallel, the special circumstances applicable criminal second processing mechanism, so as to perfect the criminal case crossing with civil case, the first punishment queen people principle to play its due role in the administration of justice in practice.In the last part of the article, through the analysis of the two part of the above come to the beginning of the three typical cases, will be the more clear and definite the problem. Finally, want to use multiple processing mechanism can be better in dealing with the criminal case crossing with civil case in the future in the conclusion part, play a better role for China’s judicial construction.