The Procedural Dilemma And Solution Of Criminal-civil Intersection Of Private Lending

With the development of society and economy,the situation of the cross between private lending and criminal crimes is becoming more and more serious,the number of cases is increasing year by year,and the case situation is becoming more and more complicated.However,the judicial system in China is deeply influenced by the priority of public power,and due to the imperfect legislation and the victims’ strong demands for rights protection,the judicial ability to solve problems and the results are not satisfactory in practice.Therefore,it is urgent to reconstruct the procedure of civil loan and criminal procedure.In this article,according to the idea of “asking questions-analyzing problems-solving problems”,first of all,after systematically studying and analyzing the legislative situation of civil borrowing and criminal litigation,the actual operation mode of judicial practice is investigated.Second,through the analysis of typical cases,the author thinks that in our country folk lending punishment exist the following procedures: people cross lawsuit in trial mode,existing problems in our country as the trial mode is optional and is given priority to with punishment queen people first mode of inherent disadvantages,including resistance to torture people,criminal execution the effect not beautiful is easy to cause the serious problem of other social problems,etc.;In the coordination of procedural conflict,it includes the conflict of jurisdiction,judgment and execution.Third,the comprehensive our country folk lending torture people crossing characteristics,an analysis of the present situation of legislation and judicial practice,the author thinks that the reason for difficulties in a program has the following three aspects: at the conceptual level,our country has the public right of priority of the inherent thinking,leading to system designers and implementers in dealing with a problem will naturally tend to criminal priority;at the institutional level,the mutual restriction of the existing system and the imperfection of legislation are the causes of the problems.In practice,the current practice is the choice of trial mode is the result of the choice of judicial personnel and litigants seeking advantages and avoiding disadvantages under the current system.Finally,through the exploration of the causes of problems and problems,and the related system outside after investigation,the author thinks that should be insisted on legal order unified position,keep the austerity of criminal law,carry out the criminal policy of tempering justice with mercy,and give full consideration to the demands of the parties rights in principle,applicable “to the principle of punishment and make people to punishment queen people first as the exception” mode of trial,and entrusts the private loan dispute creditor procedure option;At the same time,the criminal connection procedure,judgment effectiveness,execution procedure conflict and other problems are improved,so as to make the operation and connection of litigation procedures more smooth.In conclusion,this article tries to from the “filing-trial-adjudication-enforcement” on the whole process of litigation,to court private lending program of torture people cross case problems are perfect,at the same time in the guarantee justice to better solve the problem of judicial to play positive role in regulating and guiding the social management,promote the healthy development of the folk lending practices.