In civil case cognizance, the court discovers a case all or partial fact is suspected of crime, or the guilty fact of case place experience already forensic criminal court decision, because practice is medium specific the standard that apply is skimble-scamble, the civil suit right that causes party cannot get due protection. For this, put forward to treat an opinion below to concerning an issue:
One, the civil case that hearing, people court discovers a case all or partial fact is suspected of crime
1, according to top people court " about economic crime suspicion is being involved in case of dispute of cognizance economy contract the regulation of a certain number of problems " the 10th regulation, the court should move guilty suspicion clew, material send mechanism of concerned public security or procuratorial work mechanism to investigate. But judge according to civil law standard, civil law impact is made between party, and do not affect civil case to try, civil case can continue to try.
2, the discovery in cognizance is suspected of crime, and the fact that case of this crime suspicion acknowledges will affect the property of civil dispute case, effectiveness, responsibility to assume directly, according to " code of civil law of People's Republic of China " the 136th the first (5) regulation, the court should rule break down is tried, move guilty clew send concerned public security mechanism or procuratorial work office, await criminal cognizance restores again after the program is terminative.
3, the discovery in cognizance is suspected of crime, and do not form civil liability to assume, discover case alien is suspected of embezzling for example, illicit the behavior that engraves unit official seal to be engaged in bilk, the unit that serves as civil the accused does not have fault, ought not to assume civil responsibility, namely nonexistent civil law concerns between contract party, court should entire case moves send.
Entire case moves sent case, according to top people court " involve economic crime suspicion about be in case of cognizance economy dispute the regulation of a certain number of problems " , should use send means processing with next moving:
1) people court thinks the case has guilty suspicion but do not attribute civil dispute, according to top people court " involve economic crime suspicion about be in case of cognizance economy dispute the regulation of a certain number of problems " eleventh regulation, ought to rule reject sue, move concerned material send public security mechanism or procuratorial work office.
2) in trying a process, public security mechanism or procuratorial work mechanism think to have economic crime suspicion, explain reason adds concerned material case to tell a court, forensic classics examines those who think to have guilty suspicion truly, according to top people court " involve economic crime suspicion about be in case of cognizance economy dispute the regulation of a certain number of problems " dozenth regulation, ought to move the case send public security mechanism or procuratorial work office, party of written announcement, return a case to accept fee.
Move to entire already case the case that sends public security mechanism or procuratorial work office, during afore-mentioned mechanism are investigated, party sues to the court with same particulars of a matter again, the court ought to rule do not grant to accept or reject sue.
2, the civil case that hearing, the part that people court discovers to case place is involved or all fact already court decision of become effective criminal affirms
1, of criminal responsibility those who assume main body and civil responsibility assume principal part complete contest closes, and criminal court decision already covered civil liability category to belongings processing (go to involve crime for the person's behavior for example, also constitute civil liability at the same time, already made in criminal court decision return return the injured party lawful belongings or the court decision that charge pecuniary loss of the injured party of pay compensation for what one has unlawfully taken) , the injured party mentions to this again of civil suit, according to Shanghai high standard (2006) 245 " a certain number of opinions that Shanghai court carries out about punishment of the belongings in criminal court decision and worth share (try out) " concerned regulation, the execution of share of the worth in criminal court decision, by jurisdictional people court actuator is in charge of.
Because the adjudication of criminal part is had,carry out the legal effectiveness that go up, and criminal court decision returns the responsibility principal part that returns responsibility main body and civil case mediumly complete contest closes, do not involve other responsibility principal part, below the belongings processing that reason already made in criminal lawsuit and the condition that civil suit requests to compensate for limits to agree, the injured party falls in the case that already won general strength to relieve, mention with respect to same fact all right again civil suit, the court should rule do not grant to accept or the ruling is rejected sue.
2, of criminal responsibility assume main body and civil responsibility although contest closes,assume principal part, but criminal court decision did not make processing to involved worth share, or make partial processing only, the victim seeks help of ask for help through civil suit, main body of requirement criminal responsibility returns what return property or assume liability to pay compensation partly to inadequacy of make sb disgorge the spoils, according to top people court " about economic crime suspicion is being involved in case of dispute of cognizance economy contract the regulation of a certain number of problems " the 8th regulation, jurisdictional court ought to continue to try.
3, although make make sb disgorge the spoils or processing of pay compensation for what one has unlawfully taken,criminal adjudicates pair of worth shares, but criminal responsibility main body and civil liability main body not photograph contest closes, the injured party mentions of civil suit, should undertake judging according to civil law standard. If civil law impact is made between party, assume responsibility besides criminal responsibility main body outside, unit or someone else still should assume civil responsibility, civil case ought to continue to try. Use fraudulent means and the injured party to conclude for the person all right for example contract, the individual constitutes crime of fraud, but if the unit is right the opposite person of the contract namely the injured party forms a watch to see a representative, or the unit has fault, unit agree carries contract responsibility or fault liability to pay compensation. The contract mentions relative to the person civil suit, although belong to same law fact, but because cause different responsibility, civil case ought to continue to try.
(Article origin river becomes network address of Tianjin attorney office: Www.jsjc-tj.com seeks advice from a hot line: 18522157017)
