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The Basic Type And Trial Orders Based On The Cross Of Civil Litigation And Criminal Litigation

Posted on:2018-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:L H XieFull Text:PDF
GTID:2346330518461574Subject:Law
Abstract/Summary:PDF Full Text Request
Recently,with the rapid development of economy,the rate of financial crime,which is represented by the crime of fraudulent loans,is booming and the facts becoming more and more complicated.Thus,it not only causes serious damage to the financial order,but also affects the stability of society.Therefore,we must pay more attention to financial fraud cases and crack down on these.The correct application of the order of judgment has important theoretical value and guiding significance to the practice when the crime of fraud is confiscated.How to distinguish the facts and the legal relationship or the criminal situation and the criminal relationship in the case of the criminal case when the crime of fraudulent crossing occurs,and the application of the order under the same situation as well;So far,it Has aroused strong discussion.In view of this,this article selected Liew's case to testify the the behavior of Liew constituting a crime of fraud or not and the cross-case how apply the trial order.This paper takes the general approach to the concrete,from shallow to deep in this layer of progressive way for the research ideas,and then the case of the various difficulties in the legal analysis of the explore,and ultimately draw their own conclusions.Full text,about 28,000 words,in addition to the introduction,consists of four parts:The first part is facts.First of all,it summarizes the case and the facts of Liew's fraudulent loan case.Secondly,it concludes the divergent views on the case of Liews which are divided into these aspects such as,Loan crime,because Liews take deception to obtain industrial and commercial bank loans,which is not used for the intended use,and its behavior to the Industrial and Commercial Bank caused significant losses;Second,Liews do not constitute a fraudulent loan,because Liews not with the formation of fraudulent acts and intentions,and the full amount of property for the loan to set up a mortgage,which,in fact,did not cause significant losses to the bank,there is no other serious plot;Third,zhongmou does not constitute a fraudulent loan,because Zhongmou provided to Bank purchase and sale contract that is not fictitious,and his husband Liew was together for bank loans to provide full mortgage property.Actually,the objective did not cause significant losses to the bank and no other serious plot.The author summed up the above point of view,and finally summed up the case of the two main controversial focuses: first,Liews cheating the loan should apply the traditional "Civil Procedure Prior to Criminal Procedure" trial order;second,Liews' behaviors constitute a fraud.However,it is worth noting that the analysis of whether Liews constitutefraudulent fraud is not the question of conviction and sentencing,but the effect of the procedure of investigating the criminalization mechanism is what we've been searching for.The second part is legal analysis about the related problem.This part is the main idea of paper,including four aspects: one is the concept about cross of civil litigation and criminal case,torture people cross case refers to the criminal,which means criminal and civil facts are intersected;Two are the basic types of above-mentioned cases,including competition and cooperation models,fuzzy models,involved models;Three order is the trial order,existing trial order have "Criminal Procedure Prior to Civil Procedure","Civil Procedure Prior to Criminal Procedure","Civil procedure parallels Criminal Procedure " these three types,then through my thinking and come to the trial order theoretically.Criminal Procedure Prior to Civil Procedure " is suitable for the part of the competition and cooperation model," Civil Procedure Prior to Criminal Procedure " is suitable for the part of competition and cooperation models,fuzzy models," Civil procedure parallels Criminal Procedure is suitable for involved models.Four is its inevitability in loan fraud.introduces the legislative intent and the juristic facts in civil law and draw a conclusion.Based on the above combined constitution of a loan fraud,the basic types of above-mentioned cases,including competition and cooperation models,fuzzy models,involved models;Five is the correct trial order of loan fraud,the study found that its trial mode and corresponding methods is almost the same with the applicable mechanism of general cross of civil litigation and criminal case,.The third part is the research conclusion.Based on the relevant legal analysis of the above,and return back to this case,although the parties defrauding4 million yuan from bank,the illegal act is not only the facts of criminal laws that Judiciary calls to the criminalliability but also the facts of civil laws that bank calls to civilliability.Because the aggregation,so the case belongs to competition and cooperation models.For special factor,the parties provide fully secured for their loan,the bank can apply to the court to security enforcement or though a civil lawsuit recovering their losses,at the same time,whether the bank realize mortgage can effect the decision that the parties cause huge losses to the bank.So the criminal procedure must based on the result of civil procedure and the case should use Civil Procedure Prior to Criminal Procedure.so we can draw a conclusion the behavior of parties just belong to civil act,not loan fraud.The fourth part,the study of the case.Through the analysis of the behaviors of Liews,the paper expounds the research on the recognition and trial order of the criminal cases offraudulent,so as to provide the methodological support for the application of procedure order in judicial practice,especially,effective regulation of such crossed cases.
Keywords/Search Tags:Loan crime, Cross of civil litigation and criminal, Trial mode
PDF Full Text Request
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