1. When a people's court hears a civil case, it finds that all or part of the facts of the case are suspected of a criminal offence.
1. According to Article 10 of the Provisions of the Supreme People's Court on Several Issues Concerning Suspected Economic Crimes in the Trial of Economic Contract Disputes, the court shall transfer the clues and materials of suspected crimes to the relevant public security organs or procuratorial organs for investigation. However, according to the civil legal norms, if the parties constitute a civil legal relationship and do not affect the trial of the civil case, the civil case may continue to be tried.
2. If a suspected crime is found during the trial, and the facts confirmed in the suspected criminal case will directly affect the nature, effectiveness and responsibility of the civil dispute case, the court shall, in accordance with the provisions of Item (5) of Paragraph 1 of Article 136 of the Civil Procedure Law of People's Republic of China (PRC), decide to suspend the trial, and transfer the criminal clues to the relevant public security organs or procuratorial organs, and then resume the trial after the criminal proceedings are terminated.
3. If a suspected crime is found during the trial, it does not constitute civil liability. For example, if it is found that an outsider is suspected of embezzling or privately engraving the official seal of the unit to engage in fraud, the unit as a civil defendant has no fault and should not bear civil liability, that is, there is no civil legal relationship between the parties to the contract, and the court should transfer the whole case.
The cases transferred by the whole case shall be handled in the following ways according to the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Economic Disputes Cases Suspected of Economic Crimes:
1) If the people's court thinks that the case is suspected of a criminal offence, but it does not belong to a civil dispute, it shall make a ruling to dismiss the prosecution according to the provisions of Article 11 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Economic Disputes and transfer the relevant materials to the public security organ or the procuratorial organ.
2) During the trial, the public security organ or the procuratorial organ thinks that there is suspicion of economic crime, explains the reasons and informs the court of relevant materials. If the court considers that there is a criminal suspect after examination, it shall transfer the case to the public security organ or the procuratorial organ in accordance with the provisions of Article 12 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Economic Dispute Cases Suspected of Economic Crimes, and notify the parties in writing to refund the case acceptance fee.
In the case that the whole case has been transferred to the public security organ or the procuratorial organ, if the parties bring a lawsuit to the court for the same reason during the investigation by the above-mentioned organ, the court shall rule that the lawsuit shall not be accepted or rejected.
Two, the civil case being tried, the people's court found that some or all of the facts involved in the case have been confirmed by the criminal judgment.
1. The subject of criminal responsibility and the subject of civil responsibility are completely competing, and the criminal judgment has covered the scope of civil responsibility in dealing with property (if the actor's behavior involves a criminal offence, it also constitutes civil responsibility, and a judgment has been made in the criminal judgment to return the victim's legal property or order him to compensate the victim for economic losses), and the victim has filed a civil lawsuit against him. According to the relevant provisions of Shanghai Court (2006) No.245 Opinions on Property Punishment and Property Part Execution in Criminal Judgments, the execution of property part in criminal judgments shall be the responsibility of the executing organ of the people's court with jurisdiction.
Since the ruling of the criminal part has the legal effect of execution, and the subject responsible for the return in the criminal judgment is completely competing with the subject responsible for the return in the civil case, and no other responsible subjects are involved, the court shall rule that the scope of property disposal made in the criminal procedure is consistent with that of the claim for compensation in the civil procedure. If the victim has obtained public relief, he shall file a civil lawsuit again on the same fact, and the court shall rule that the lawsuit shall not be accepted or rejected.
2. Although the subject of criminal responsibility and the subject of civil responsibility compete, the criminal judgment has not dealt with the property involved, or only partially dealt with it. If the victim seeks relief through civil litigation and demands the subject of criminal responsibility to return the property or bear the liability for compensation for the part that has not been recovered, according to Article 8 of the Provisions of the Supreme People's Court on Several Issues Concerning Economic Criminal Suspects in the Trial of Economic Contract Disputes, the court with jurisdiction shall continue the trial.
3. Although the criminal judgment deals with property, the subject of criminal responsibility and the subject of civil responsibility do not compete. If the victim brings a civil lawsuit, he shall make a judgment according to the civil legal norms. If there is a civil legal relationship between the parties, in addition to the subject of criminal responsibility, the unit or other person shall still bear civil liability, and the civil case shall continue to be tried. For example, if the actor enters into a contract with the victim by fraudulent means, and the individual constitutes fraud, but the unit constitutes an apparent agent for the opposite party of the contract, that is, the victim, or the unit is at fault, the unit shall bear the contract liability or the liability for compensation for the fault. Although it is the same legal fact that the counterpart of the contract brings a civil lawsuit, the civil case should continue to be tried because of different responsibilities.