I. Handling of Civil Litigation
Civil litigation is a legal means to deal with disputes caused by property relations and personal relations between equal subjects. In the process of civil litigation, the court will judge the rights and interests of both parties according to facts and evidence. If both parties reach a settlement in civil litigation, or after the court makes a ruling, both parties fulfill their corresponding obligations, then the civil litigation will end.
Second, the discovery and handling of criminal offences.
In the course of civil litigation, if it is found that there are acts suspected of criminal offences such as forging evidence, false litigation, embezzlement of property, etc. It shall promptly report the case to the public security organ. The public security organ will file a case for investigation according to law, collect relevant evidence and transfer the case to the procuratorate for review and prosecution. If the procuratorial organ believes that the facts of the crime are clear and the evidence is sufficient, it will bring a public prosecution to the people's court according to law.
Third, the relationship between civil litigation and criminal litigation.
Civil litigation and criminal litigation are two different legal procedures, dealing with civil disputes and criminal offences respectively. In practice, there may be some overlap and convergence between the two. When criminal clues are found in civil proceedings, the case should be transferred to public security organs in time to ensure that criminal investigation is not affected. At the same time, the judgment of civil litigation can also be used as one of the evidences of criminal litigation, which is helpful to the trial of criminal cases.
Fourth, matters needing attention
In the process of connecting civil litigation with criminal litigation, we should pay attention to the following points: first, ensure the fairness and independence of civil litigation and avoid the influence of criminal investigation on the handling of civil disputes; Second, it is necessary to strengthen communication and cooperation between departments to ensure the timely transmission and * * * sharing of case information; Third, we should respect the legitimate rights and interests of the parties and ensure that their legitimate rights and interests in different legal procedures are not infringed.
To sum up:
Civil litigation is completed before criminal litigation, which embodies the hierarchy and independence of legal procedures. When criminal clues are found in civil proceedings, the case should be transferred to public security organs in time to ensure that all kinds of legal disputes are properly handled. At the same time, it is necessary to strengthen communication and cooperation between departments to ensure that the legitimate rights and interests of the parties are not infringed.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 108 stipulates:
Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court.
People's Republic of China (PRC) Civil Procedure Law
Article 123 stipulates:
The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.