2012year11month8日，Judge Xiao Bin, Vice President of the Third Civil Division of the Higher People’s Court of Shandong Province, in the Shaw Law Teaching Building312The teacher brought you a report titled "Research on the Intersection of Civil and Criminal Issues in Civil and Commercial Dispute Cases"。Reported by the Director of the bet365 casino blackjackCivil and Commercial Difficult Case Research Center of Shandong University、Ph.D. supervisor Professor Li Xia serves as moderator and reviewer。
Judge Xiao Bin started from "The Boundary Issue between Civil Cases and Criminal Cases"、“‘Punishment first, then people’、‘People first, punishment later’ or ‘Punishment and people go hand in hand’”、“Criminal crime，Issues on the validity of civil and commercial contracts signed by actors in the name of their units”、"The unit staff signed the contract in the name of the unit，The staff member is suspected of committing a crime，The issue of whether the unit bears responsibility”、“Confessions in criminal cases、Can witness testimony and other evidence be admissible in civil litigation?”、“It is impossible to recover stolen goods in criminal cases，Whether the victim can file a separate civil lawsuit to assert civil rights" and other six aspects，Explained one by one the manifestations and key problems of the intersection of civil and criminal justice in judicial practice。
First，On "The Boundary Issue between Civil Cases and Criminal Cases"，Judge Xiao Bin’s "Xu Ting Case"、"UKATMThe incident of the machine spitting out double money”、And three examples of "Wu Ying Case: The Boundary between Private Lending and Illegal Fund-raising"，Leads to thinking about the scope of adjustment of civil law and criminal law: cross-cutting issues between civil and criminal law involve both civil procedural bet365 best casino gameslaw and substantive law，It also involves criminal procedural law and substantive law，Important to both the fields of civil law and criminal law，Also difficult to deal with。Subsequently，She believes in “prison before people”、"Putting people before punishment" and "punishing people in parallel" are elaborated。First punishment, then people，Refers to the intersection of criminal offenses and civil disputes，Or when economic crimes intersect with economic disputes，Or all of them will be treated as criminal offenses，Or use criminal treatment as a prerequisite for civil treatment，It is a historical product of the state standard under the planned economy，There is a color of heavy punishment and contempt for the people。With the development of market economy，Humanistic ideas are highlighted and promoted，Parallel criminal and civil prosecutions (typically such as the Simpson case in which criminal and civil prosecutions were separated in the United States) have become mainstream，We do not even rule out putting people before punishment、The trend of civil priority，Even the civilization of criminal law。As the current mainstream practice in the intersection of civil and criminal affairs，The gist of parallel criminal law and civil law is as follows: as long as there is a civil legal relationship，Generally，Civil cases should not be suspended，The principle of “criminal and civil rights should go hand in hand” should be implemented，The civil case continues bet365 best casino gamesto be heard；When the fact determination and liability assumption in a civil case must be based on the outcome of a criminal case，In accordance with the provisions of the Civil Procedure Law，“This case must be based on the outcome of another case，While another case has not yet been concluded" provision，The principle of “prison before people” should be implemented，Suspension of hearing of civil cases；Civil cases that are considered to be outside the scope of civil cases and are suspected of criminal offenses，The prosecution should be dismissed，Transfer relevant materials to the public security agency or prosecutorial agency。Judge Xiao Bin goes from diverse and full cases to simple and in-depth theories，Her report demonstrates weather-beaten empirical wisdom，An incisive research edge flows through it，The refreshing approach and content won rounds of applause and praise from teachers and students at the scene。Last，Professor Li Xia made comments and summary，She spoke highly of Judge Xiao Bin’s report from practice to theory，For the live audience, it is an on-demand and baptism that connects theory and practice。(Text: Wang Qiang)
