A Study On The Issues Concerning Interlocked Penal And Civil Cases In Fraudulent Crime

The issues concerning Interlocked penal and civil mainly are existed in fraudulent crime case.Their content is involved in the areas of criminal liability and civil liability and is a hot topic in legal theoretical field and a difficult issue in judicial practice circle.Combined with previous scholars' research theories,the interlocked penal and civil cases in fraudulent crime case are divided into three types,i.e.transitional type of interlocked penal and civil issue,concurrent type of interlocked penal and civil issue and implicated type of interlocked penal and civil issue.The issues concerning interlocked penal and civil cases cover extensive contents,for this reason in this thesis implicated type of interlocked penal and civil issue was selected to study.In a fraudulent crime case the difficulties for an implicated and interlocked penal and civil case are the application order of criminal or civil law and analysis of the effects for each other,which also is the core content of this thesis.In this thesis the concrete accusation based on criminal law hasn't been discriminated in detailed.The issues on property rights should be focus of dispute for implicated type of interlocked penal and civil issue in a fraudulent crime case which will have influence to identify the victim in such fraud case.Taking it as the starting point,combining judicial practice,the author comb Implicated type on the basis of the essential relationship between legal indictment and objects which comes into being in fraudulent crime cases based on legal facts primarily.The implicated type is divided into coessential implicated type of interlocked penal and civil and idiosyncratic implicated type of interlocked penal and civil,in which the coessential mainly includes selling same property to different people,repeating to mortgage,treating stolen goods and several cases involved.The idiosyncratic mainly includes the tripartite fraud,proxy fraud and guarantee fraud.In the process of typed combing,questions such as the dispute of application order of criminal civil law which may exist in different-type cases,the dispute of legal effect and the dispute of identifying the victim are raised simultaneously.Through explaining basic theories of dealing with interlocked penal and civil cases such as liberty of contract and autonomy of civil law,principle of necessity for penal law,the efficacy of civil action,the prospective principle of civil law,the Type of Being Implicated is analyzed by types and the ways and methods of handling cases are discussed one by one.Interlocked Penal and Civil Cases in cases is solved.Finally,the judicatory suggestions concerning solving interlocked penal and civil cases in fraudulent crime case have been provided.Through improving Legislation,establishing hearing mechanism of the criminal justice system,introducing preemptive bankruptcy procedure to establish more reasonable,practical and effective mechanism for solving interlocked penal and civil cases.