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Parallel Criminal And Civil Principle On The Private Lending Cases

Posted on:2015-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhuFull Text:PDF
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In recent years, a large number of idle private capital was transferred to the private lending, the scale of private lending has grown constantly, which triggered endless disputes. There includes both criminal cases and civil cases, and sometimes there contains the interlocked penal and civil cases. The interlocked penal and civil cases has caused the extensive attention of the professional and practicing society, but the solution to deal with these cases does not reach a consensus. Finding a reasonable starting point to solve the problem in dealing with interlocked penal and civil cases is necessary. It is important to seek a balance in order to create a fair legal environment in essence, to adapt to the process of democratic rule of law.In this article, I use a case as a starting point, which is involved in private loan guarantee, and I try to seize the features of the case that exist in common. This article are composed by two angles, which are the legal view and legal theory. All the things is to be summed up to a basic principle that dealing with interlocked penal and civil cases. Also, I pointed out that there are special circumstances. Next, I will introduce the details of the cases. These two cases have the same reasons and the different results. Cases discussed in this article refers to the private loans, borrowers involving the crime of illegal deposits from the public is held responsible according to the law, although in this case the judiciary can be based on the provisions of Article 176 of the Criminal Code to pursue the perpetrator's criminal liability, but it maybe possible fail to assume the duties of settling disputes. Investigated for criminal liability in the borrower, the creditor deposits illegally involved in the crime of debt obligations are often investigated by the debtor and the guarantor of civil procedure, hoping to safeguard their legitimate rights and interests. This in turn caused a new problem, namely cross-criminal proceedings and civil proceedings, the question is how to deal with the sequence of procedures.This paper will analyzed at four levels, the first cross-case analysis of the criminal problems of the people, then starting from the legal theory, which includes two levels of jurisprudence and legal provisions, Parallel Criminal and Civil analysis basic principles as the basis for the final regression theory to practice.The first chapter, "Overlapping Criminal and Civil principles of the theory and practice of disagreement" is divided into three sections. The first section lists the civil action in the case of a creditor to pursue repayment obligations and surety obligation of the borrower, the borrower at a time, but because it involves the crime of illegal deposits from the public to be accountable, it involves a criminal offense, the court this rejected the request of creditors. The same types of cases enumerated in section ?, but the court has not recognized the criminal proceedings for the impact of civil procedure, but recognized civil liability. The third section is the two sections of the case analysis, the author puts forward the view that the basic principles of handling such Overlapping Criminal and Civil criminal people should be parallel, but do not rule out a special case.The second chapter, "Parallel Criminal and Civil legal basis," the decision of the chapter is to analyze the internal legal order of Criminal and Civil spiritual perspective, analyzing the reasonableness of parallel criminal people. This chapter is divided into two sections, the first analysis of legal theory, including the composition of our legal system, that kind of relationship norms of criminal law and civil law norms exist in the structure. Section ? cross from the Criminal and Civil cases involved legal interest point perspective, including public and private rights, balancing fairness and efficiency, benefits and other conceptual point of seeking criminal civil parallel scientific, rational basis.Chapter 3, " Parallel Criminal and Civil legal basis ", the chapter contains three sections, the first cross-case analysis of Criminal and Civil relevant provisions of the processing sequence evolution, find out the intention of the legislator, then analyzes the practices outside the country to find reference meaning, Finally, we summarize the foregoing analysis, combing factors Overlapping Criminal and Civil processing order of the impact.Chapter 4, " Parallel Criminal and Civil Practice principles as return", this chapter is to analyze the results of the application of the theory to practice, to resolve the differences that appear earlier cases. With practice, the basic principle is parallel criminal and civil principle, but it also has exception.
Keywords/Search Tags:Interlocked Penal and Civil Cases, procedure order, Parallel Criminal and Civil, First penal then civil
PDF Full Text Request
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