Proceedings Of Bill Litigation Under The Background Of Cross-disciplinary Cases

Bills exist as a payment and credit tool in economic life.Criminals also use bills to engage in various illegal and criminal activities.Therefore,in the circulation of bills,a large number of Cross-disciplinary cases appeared.Bill circulation is a multi-link chain transaction,and each transaction link in circulation has two legal relationships: basic legal relationship and bill legal relationship.This makes bill disputes more complicated than common civil and criminal cases.This paper aims to observe and classify the forms of civil and criminal crossovers in bill disputes,and then analyze the impact of different types of crimes on the entity relationship of bills on the basis of classification.The first chapter of this article outlines the concept and types of bill cases under the background of Cross-disciplinary cases.The first section of this chapter defines the case where the cross-bill bill for civil punishment should be a case for the cross-bill bill for civil punishment.It should be a case where the legal relationship between the bill parties and the basic relationship between the bill and the criminal legal relationship intersect,implicate and influence.Section 2 of this chapter proposes that on the basis of the distinction between the common types of civil punishment,the bill case under the background of civil punishment should be divided into civil punishment,cross-bill crime can be divided into basic relationship criminal crime andthe relationship between the bill relationship and the bill relationship criminal crime and There are two types of cross-border civil relations.The second chapter of this article mainly analyzes the procedural treatment of bill litigation under the background of Cross-disciplinary cases.The first section of the chapter outlines the general procedural processing models of cross-Cross-disciplinary cases cases.There are three modes: first sentence,second sentence,concurrent sentence,first sentence,second sentence,and reflection on the principle of first sentence,second sentence.The model embodies the public interest,is also conducive to the unity of judicial judgment and saves judicial resources,and has certain rationality.However,there are various disadvantages in the abuse of the sentence before the citizen,and the scope of application of the sentence before the citizen should be clearly defined.The second section of the chapter analyzes the litigation subject of the bill litigation and proposes that the bill litigation has the unique value and function of confirming bill rights and obligations.It summarizes the value conflict between bill litigation and criminal litigation.The third section of the chapter analyzes whether the Supreme Court stipulates in the judicial interpretation that the crossover of bill disputes and civil punishment is based on whether they are "the same legal relationship".This article questions this and believes that the semantic meaning of "the same legal relationship" is unclear,and it is uncertain whether it is a simple bill legal relationship or whether it integrates the bill legal relationship with the associated basic relationship.The "same legal relationship" is also not extended in scope of application,and cannot solve the cross-civil issue in the circulation of bills.This article proposes that in the context of civil and criminal penalties,the procedural processing model of bill litigation should be considered from the three perspectives of the interest of the litigation,fact review and bill circulation.The third chapter of this article mainly analyzes the handling of bill litigation in the context of basic relationship crimes.The first section of the chapter reviews the relevant theories of contract validity and causelessness.It outlines the issues of the effectiveness of civil contracts involving criminal offences,and points out that criminal offences are not the factors that hinder the effectiveness of contracts.Thissection focuses on the basic connotation of the causelessness of bills,analyzes the doctrine of relative causelessness and absolute causelessness,and adopts the theory of absolute causelessness.The second section of the chapter summarizes the basic relationship crime form from the three dimensions of the basic relationship subject,meaning expression,and content,and analyzes the impact on the bill relationship.The forms of basic relationship crimes are mainly content-violation type,meaning-free expression type,and subject violation type.The content-violation type refers to that the content of the basic relationship itself is invalid due to violation of the law,but the effectiveness of the bill relationship is not affected.The validity of the proposed bill relationship depends on whether the bill law is appropriate,but if the bill is called a part of a criminal act,it is criminally illegal.The meaning means that unfree crimes are mainly fraud crimes and coercion crimes.Fraud on the basis of relationships does not affect the effectiveness of the bill's actions,but a defense can be formed between the direct parties.The impact of coercion crimes on the expression of meaning is to penetrate the basic relationship and the bill relationship,the basic relationship can be revoked,and the bill relationship is invalid.There are two types of subject violations,subject unqualified and subject corrupt and dereliction of duty.The entity is not qualified to engage in a certain business,and the bill is used as a means of payment.The contract formed by the subject's unqualified crime is deemed invalid in principle by judicial practice,and also does not affect the validity of the bill relationship,but a defense may be formed between the parties.When the subject commits bribery or bribery or dereliction of duty,there is no direct connection with the validity of the contract,and even less with the bill.The third section further analyzes the specific application situations of dismissal of prosecution,suspension of trial and continued trial based on the analysis of the second part of the substantive law.When the content of the basic relationship of the bill between the two parties is criminally illegal,and the act of the bill is criminally illegal,the bill litigation does not have the interest of litigation at this time,and the method of dismissing the prosecution should be adopted.When the parties involved in the bill basic relationship are suspected of fraud,coercion,or other crimes that cause the debtor of the bill to defend,the lawsuit shallbe suspended.When the debtor of the bill fails to file a defense of the basic relationship,the third party bearer claims the rights of the bill,and the staff of the main body of the bill transaction is suspected of a duty crime,the progress of the bill litigation is not affected by the criminal lawsuit.The fourth chapter of this paper mainly analyzes the handling of bill litigation in the context of bill crime.The first section of this chapter classifies bill crimes as forgery and forgery crimes,fraud crimes,malfeasance crimes and theft,embezzlement,fraud and coercion crimes.The second section analyzes the impact of different types of crimes on the effectiveness of the bill relationship.Forgery and forgery crimes.Forgery crimes include illegal imitation of bills and forged signatures.Illegal imitation causes invalid bills and forged signatures cause invalid signatures.The person who signs the altered notes before the alteration is responsible for the matters before the alteration,and the person who signs the altered bills is responsible for the matters after the alteration.In addition to forgery and fraud,fraudulent crimes also include the fraudulent use of other people's bills.The key to the relationship between bills is to determine whether the fraudulent act constitutes an "apparent agent" or "apparent agent".The issue of a blank cheque by a drawer and a draft without funds guarantee constitute a basis on which the crime will not result in the liability of the bill,nor will it affect the parties' exercise of bill rights.Issuance of a bill that does not match the seal reserved in the bank will invalidate the seal.The drawer's false record of the contents of the bill constitutes a crime,and the drawer guarantees the authenticity and shall still bear the bill's liability.For fraudulently accepting crimes,the provisions of the third party of the Civil Law can be invoked.The acceptance shall not be cancelled by the beneficiary bearer,and the acceptance may be revoked by the malicious bearer during the acceptance.If the payment,acceptance and guarantee of illegal bills constitute a crime,acceptance and guarantee are acts of bills.As long as the form of bills meets the requirements of the bill law,the guarantee and acceptance will have the effect of the bill law and will not affect the holding.The ticket right of the voter.If payment is made for a bill that violates the regulations,the bill debtor of the bill debtor cannot be released.For obtaining billsthrough theft,embezzlement,fraud and coercion,which constitutes a crime,the rights of bills cannot be obtained according to law.Section III of this chapter analyzes the specific application situations of dismissal of prosecution,suspension of trial and continued trial on the basis of the previous.In the case of theft,robbery,fraud and embezzlement of bills,the relevant bill litigation does not have the benefit of litigation due to the procedures for returning the stolen goods and the compensation in the criminal proceedings,and the bearer does not have the rights of bills,the prosecution should be dismissed.There is a crime of forgery and alteration of bills,and the bearer is regarded as a suspect in the fraud of accepting bills.The bill litigation should be suspended.No other bill crime can affect the bill litigation process.