Conflict and Coordination of Criminal-Civil Overlapping Cases under the Concept of"People First"
The legislative gap of criminal-civil overlapping cases leaves loopholes for criminal punishment to interfere with economic dis-putes,and becomes the Achilles heel of protecting private entrepreneurs and escorting private economy.Civil law and criminal laws have different value functions.Improper handling of criminal-civil overlapping cases will not only fail to realize the due value of liability sys-tem,but also lead to the contradiction between civil and criminal liability.The concurrence of laws and articles makes the same act have two different legal evaluations:criminal and civil,and the conflict in accountability brings many difficulties to judicial practice.From the perspective of substantive law,the conflict of law application is ultimately manifested as the conflict of interests.The trial of such over lapping case should take substantive justice as the goal,interest measurement as the means,and people's expectation as the test yard-stick.In the selection of procedures,the value judgment of"Criminal before Civil"is obviously inconsistent with the development trend of market economy,which seriously restricts the development of private economy.The procedural mechanism of"Civil before Criminal"is ob-viously ineffective in resolving contradictions in the trial of stakeholder economic crimes.This paper puts forward the procedural mecha-nism of"Integration of Criminal and Civil"for criminal and civil cross cases,which guarantees the judicial justice of criminal and civil cross cases,improves the efficiency of judicial trial,and protects the rights and interests of all stakeholders to the maximum extent.
overlapping of criminal and civilianinstitutional interestbenefit measurementPeople Firstintegration of criminal and civil
万方数据
维普
