Study On The Cohesion Of Criminal And Civil Procedure In Private Lending Cases Which Involving Crimes

Criminal-related private lending cases are a typical case of criminal-civilian intersection.There is a difficult problem of effective connection between criminal-civilian procedures during the trial of such cases.This article discusses the problem from the following five parts:The first chapter of this article deals with the current situation and problems of private lending cases involving crimes.The first section analyzes the definition of private lending and the connotation of criminal-related private lending cases,and summarizes the types of crimes that may be involved in private lending cases.The second section puts forward the procedural connection problems existing in judicial practice of criminal-related private lending cases.First,the details of the discovery,transfer and acceptance of criminal clues remain to be clarified.Second,the handling of civil cases after the transfer of criminal clues is not uniform.Finally,there is a fault in the connection between the criminal recovery and compensation procedure and the civil procedure.The second chapter of this paper is about the theoretical analysis of the criminal-civilian procedure linking rules for private lending cases.The first section introduces the intersection of criminal and civil cases in civil cases involving crimes,specifically discusses the debate on the definition of cross between criminal and civil,and analyzes the aggregation of criminal and civil responsibilities caused by the overlapping of laws and regulations in cross-criminal cases,as well as the combination of criminal and civil responsibilities.Relevant theories on the intersection of relief procedures;the second section points out the reasons for the problems in the connection between criminal and civil procedures in criminal-related private lending cases.The abuse of the trial model of "prior to punishment before the people" has resulted in damage to the rights of victims.The third section,on the basis of the previous theoretical analysis,puts forward the principles that should be followed in dealing with the connection between criminal and civil procedures in criminal-related private lending cases,namely,the specific operational principles of legal norms,the principle of coordination and cooperation in case handling,and the principle of sufficient and reasonable relief for victims.This article follows the solution of specific problems.The third chapter of this paper is the procedural rules for the discovery and transfer of criminal clues in civil procedure.The first section summarizes the circumstances in which the civil court finds criminal clues,mainly including the fact that civil judges actively discover criminal clues,discover criminal clues through disputes between the parties,and public security organs report the relevant criminal cases to civil courts and discover crimes.Clues and specific requirements for finding criminal clues in criminal-related private lending cases;the second section discusses the relevant details of the transfer of criminal clues by civil courts,and clarifies the subject and object,content and form,time and method of the transfer of criminal clues;The third section puts forward relevant opinions on the specific operation methods of criminal organs on how to undertake criminal clues,mainly including the reception of criminal clues by public security organs and the conditions and deadlines for public security organs to file cases.In addition,procuratorial organs,as legal supervision departments It also needs to track and supervise criminal clues.The fourth chapter of this paper discusses how to deal with civil cases after criminal clues are transferred.The first section analyzes the connotation of the "same fact" in different contexts,argues that the "same fact" as the condition for ending a civil action should refer to the co-occurrence of legal facts,and analyzes the method for judging the co-occurrence of legal facts.Introduction;the second section discusses the procedural "precondition" of the conditions for suspension of civil litigation,discusses its connotation and the relationship with the standard of legal fact competition,and summarizes the existing judgments about "precondition" Methods;The third section is a specific discussion on the handling of criminal-related private lending cases.It is believed that there is a possibility of overlapping between the legal fact competition standard and the "pre-requisite relationship" standard in the judgment process.If a criminal suspect is found,how the civil procedure should be handled should be determined by whether the private lending behavior itself is suspected of a crime.The fifth chapter is the connection between the criminal recovery and compensation procedure and the civil procedure procedure.The first section introduces the original intention of the criminal recovery and compensation procedures;the second section analyzes the reasons why the criminal recovery and compensation procedures fail to provide timely and complete relief to the victims,that is,the protection of victims’ rights and interests is despised and there are loopholes in the disposal of the property involved.This is because the effect of "prior to punishment before the people" has been compromised;the third section discusses the necessity of filing a separate civil lawsuit on the basis of the previous article,and believes that if the criminal judgment has clearly defined the responsibilities and scope of recovery and compensation.If the criminal judgment does not specify the responsibilities and scope of recovering stolen goods and compensation,a separate civil lawsuit may be brought against the criminal defendant;if the victim claims civil compensation against other responsible subjects such as guarantors,etc.the civil court shall accept it.In addition,it is necessary to pay attention to the improvement of criminal recovery and compensation procedures.