Research On Legal Application Problems Of Interlocked Penal And Civil Cases

Giving what kind of penalty to defendant in a criminal case and how to enforce the veracity of conviction and the propriety of sentence are the fundamental aims which each criminal case pursues.Relating to Overlap of Articles of Law and kinds of circumstances,especially the influence of civil compensation for sentencing,makes it controversial in the judicial practice operation.By analyzing the case of causing death to the victim negligently by Qin and hidden controversial reason,Overlap of Articles of Law of crime of negligent homicide,this paper will give an explanation to the influence of civil compensation for sentencing.The author of paper believes the behavior of Qin constitutes crime of negligent homicide.This paper could be divided into three parts:The first part is general situation about this case,including case introduction,disputes,the focus and controversies problems.Case introduction confesses that the defendant Qin forciblydrove away,regardless of the opposition of victim Fang and caused the death of Fang.Disputes includes criminal part and civil part.The major dispute of criminal part is to convict what kind of accusation of Qin.Public opinion of the first instance is that Qin constituted the crime of intentional homicide.The First-instance judgment on Qin is intentional injury and the second instance judgment on Qin is crime of negligent homicide.Another opinion considers Qin constituted traffic accident crime.Civil part major introduces the compensation of this case and concludes the hidden core cognitive issues of disputes.The second part is legal analysis.Taking the case of Qin for instance,the author of this paper combs the legal knowledge of this case,discussing how to specific deal with a case under the circumstance of crime of negligent homicide overlaps with traffic accident crime.The third part is some opinions about the interlocked penal and civil cases.The author theoretically analyzes the nature,type,causes and program processing and discusses the positive meanings of bringing civil liability into circumstances of sentencing.Meanwhile,justice practice need to be standardized to play a better role in punishment and education.