A Study On The Application Of Criminal Judgment As New Evidence In Civil Retrial Procedure

The cross of civil and criminal cases is a difficult problem in the circles of theory and practice.Due to the cross of civil and criminal cases involving in different areas,resulting in such case civil and criminal juristic facts ?legal relationships and legal responsibility arranged in a crisscross pattern in a case.However,the existing laws and judicial interpretations do not make specific and complete provisions on the handling of cross of civil and criminal cases.And it leads to confusion in the application of law in practice.In the past,the study on the cross of civil and criminal cases was mainly focused on the application of the concept of penal priority,combing types of the cross of civil and criminal cases,or the choice of the mode of the cross in civil and criminal cases from a macro perspective.However,the intersection of specific types of civil and criminal cases and the specific civil proceedings have produced new problems in practice,and the solution of the new problems is more practical and instructive.In the case of private lending,the borrower of the loan contract is found guilty of fraud in the effective criminal judgment,while civil judgment has been made and comes into effect.At this time,it is whether the effective criminal judgment can be used as the new evidence of the retrial subject to start the retrial procedure that has been a new problem in the formation of the cross in civil and criminal cases and civil retrial procedure in practice.And it is more significant in research and exploration.In order to discuss these specific problems,this paper combines with a private lending retrial case that the borrower is found guilty of the crime of fund-raising fraud after the civil judgment coming into force.It can discuss the above problems starting from the specific case.In addition to the introduction and conclusion,this paper is divided into four parts:The first part is to introduce the basic situation of the case,including the main points of the case?introduction of the case and differences of opinion and the focus of controversy in this case,and mainly through the analysis of the basic case,summed up the focus of controversy.The second part is the theoretical analysis of the effective criminal judgment as a new evidence to start the civil retrial procedure.The parties of a civil case apply for a retrial on the basis of the effective criminal judgment.The most commonly cited is the law of "civil law" article 200th(a)the provisions of the criminal judgment,that is new evidence to overturn the original judgment or ruling.Therefore,to determine whether there is a legal basis for the parties to apply for a retrial in accordance with the criminal law,we must first analyze the elements of the new evidence.In this paper,the new evidence in the legal retrial must be the newly discovered evidence or the newly formed evidence,which is one of the 8 kinds of evidence.In addition,new evidence must be consistent with the retrial of the substantive elements of the original judgment.The third part is about the case involving in the paper which analyzes the case of private lending disputes,the borrower of the case is found guilty of the crime constituting a crime of fund-raising fraud,and the guarantor determines whether there is a legal basis for retrial based on the application of the criminal law.According to whether the effective criminal judgment can start civil retrial depends on whether the determination of the borrower constitutes the crime of fund-raising fraud meets the requirements of the new evidence in the retrial.It draws the following conclusions through the analysis of the case: First of all,the effective criminal judgment has been formed in the trial to the end of the trial in this case,but due to objective reasons,the parties can not be achieved in the new type of evidence for retrial before the end of the trail.Secondly,effective criminal judgment belongs to documentary evidence and is the document.However,the effective judgments can not overturn the original civil judgment,mainly due to that the criminal verdict facts and civil judgment is not based on facts related degree,criminal judgment to determine the fraud facts are not sufficient to reverse the private lending contract.Therefore,it is wrong to start civil retrial procedure according to the effective criminal judgment.The fourth part is to get inspiration through the analysis of the case.It sums up four steps of the retrial procedure of the cross in civil and criminal cases starting from the specific cases,and reflects on the principle of the penal priority.