The Application And Treatment Of The Cross Procedure Of Civil And Criminal Loan

At present,the cases of private lending are easy to derive related economic crimes,such as the crime of illegal operation,the crime of fund-raising fraud and so on.When there are civil disputes and criminal crimes at the same time,how to control the order of handling the two kinds of cases should be the focus and difficulty in judicial practice,This paper focuses on this issue.First of all,there are about three modes of dealing with the cross cases between the criminal and the people,namely,the mode of "punishment before the people",the mode of "punishment after the people" and the mode of "civil punishment parallel",which can be applied to the cross cases between the criminal and the people caused by the folk lending.According to the fact state of various cases,each mode can be analyzed in detail These models are suitable for the types of cases handledAccording to the point of view of this paper,most cases can be civil criminal parallel,criminal cases do not have natural priority,only when civil cases can not reach a positive conclusion,we need to refer to the judgment results of related criminal cases,still need to be criminal before civil.When a criminal case is under investigation or has been prosecuted by the procuratorate to the court or the people's court is trying a criminal case,if the lender brings a lawsuit against a civil dispute in each of the above links,the people's court shall,in principle,file a case for review.If the facts of a civil case are clear,the evidence can be fully used for judgment,if the facts cannot be sorted out Chu may make it clear that the nature of the private lending behavior has changed and become a criminal act,the people's court shall suspend the trial of civil cases.Based on the theoretical analysis of the above three processing modes,this paper combs out the theoretical support behind the application of each mode,analyzes the internal logic of the application of the civil lending criminal civil cross cases from the perspective of specific cases,sums up the types of crimes easily caused by the civil lending criminal cross cases,and expounds the civil lending criminal cross cases from the perspective of "criminal fist,civil second" The disadvantages and the case types of "punishment first,then the people" and "civil punishment parallel" are respectively applicable.Then,combined with the practice,in the process of specific operation of the case,the process of handling the cross case of civil lending in different stages of the process is elaborated.This paper adopts the method of comparison and exemplification.Including the comparison of civil law and criminal law in legal theory,the comparison of protection of legal interests,the comparison of the quality of all kinds of procedural handling modes,etc.combined with the typical cases in judicial practice to analyze the dispute focus,put forward some solutions after their own analysis,focusing on the effective combination of theory and practice.