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Research On The Adjudication Mode Of Interlocked Penal And Civil Cases

Posted on:2016-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y HuFull Text:PDF
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The handling of interlocked penal and civil cases is not a new problem, the early judicial interpretation of the supreme people’s court has already dealed with the cross cases. There are varying degrees of controversy and conflict in the application of the substantive law and procedural law. Due to different treatment of these cases in practice by the people’s court at all levels of different, the same situation brought about a different verdict. The trial mode is complexity and not stereotypes, so it has become very important and meaningful to study this problem in theory. This article makes a progressive layers of the theory research, starting with the two cases of Nanjing Yuhua district court. Then apply the conclusion drawing from the study to the two cases to verify the theory. To this end, this paper divided into three parts:The first part analyzes the nature, concept and categorization of interlocked penal and civil cases. The essence of these cases is the concurrence of legal liability. The specific behavior implied by the individual violates the provisions of both the civil laws and criminal laws, thus the coincidence of civil liability and criminal liability occurs, and the two different kinds of liability contradict or conflict with each other because of different litigation procedure. Categorization is the necessary means in dealing with these cases. This paper divides the interlocked penal and civil cases into the type of implicated among Legal facts based on different legal facts and the type of overlapped among legal facts based on the same legal facts.The second part analyzes the existing trial modes. The mode of "criminal procedure prior to civil procedure" is often used in practice. The mode has its legislation and judicial interpretation origins, and has deep ideological basis, but it also has significant flaws. Hence theoretical circles and judicial circles have begun to doubt the legitimacy of the principle of criminal procedure prior to civil procedure. In addition to this mode, there exist the modes of "civil proceeding before criminal proceeding" and "combination of criminal procedure and civil procedure". However it seems that a single mode is impossible to solve complex interlocked penal and civil cases. Therefore, the combination of multiple modes of trial used is a wise option on the basis of concrete analysis of concrete cases.The third part carefully puts forward the construction of the trial mode of cross cases based on the analysis of the existing problems in trial modes, it emphasis an appropriate trial mode should be established based on categorization of the cross cases.
Keywords/Search Tags:interlocked penal and civil cases, the type of implicated among Legal facts, the type of overlapped among legal facts, criminal procedure prior to civil procedure, civil proceeding before criminal proceeding
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