The Method Of Dealing With The Interlocked Penal And Civil Cases In Bankruptcy Liquidation

In recent years,with the acceleration of economic growth,the rapid changes in the market environment and the sharp increase in the number of enterprise bankruptcies,the interlocked penal and civil cases in bankruptcy liquidation has also become a hot topic in practice.In practice,the court does not always apply the unwritten principle of "criminal before civil" to the interlocked penal and civil cases in bankruptcy liquidation.In order to ensure the efficiency of the trial,for some criminal cases that do not materially affect the bankruptcy property,the method of "both civil and criminal" or "civil before criminal" is also adopted in practice.However,due to the separation of civil cases and criminal cases,it is quite difficult to judge the degree of mutual influence between bankruptcy proceedings and criminal cases in the interlocked penal and civil cases.For this reason,we can consider drawing lessons from the experience of "three trials in one" in intellectual property cases and environmental resources cases,and explore the establishment of a special bankruptcy court.Judges with experience in civil,criminal and administrative cases shall form a collegial panel,and the same collegial panel shall apply different trial procedures to hear all civil,criminal and administrative cases involved in a bankrupt enterprise in a unified way,so as to pursue the two important judicial values of efficiency and fairness.