As for civil and criminal cases, from the nature of the case, criminal cases are of course more serious crimes, while civil cases are just legal disputes and cannot mention crimes. Therefore, there is nothing wrong with imposing penalties first in civil cases. If a criminal offense is discovered during a civil trial, the civil proceedings shall be terminated and handed over to the relevant department for handling.
In this case, what should the court do specifically? This is clearly provided for by law. According to Article 11 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Economic Dispute Cases Suspected of Economic Crimes", if the People's Court accepts a case as an economic dispute case and finds that it is not an economic dispute case but is suspected of economic crimes, it shall rule to dismiss it. Prosecute and transfer relevant materials to the public security organs or procuratorial organs. In other words, in this case, what the civil judge has to do is to rule to dismiss the prosecution, which is what he should do. We must pay attention to these two words. In this case, the judge has no discretion, that is, they do not have the power to decide whether to transfer, which means that transfer must be made. For civil cases, direct dismissal of the prosecution means that the case does not fall within the scope of civil jurisdiction.
After the civil case is dismissed, what should be done with the criminal materials discovered? This law also makes it very clear that you have to hand them over to the public security organs or procuratorates, because the courts are for trial and have no investigative power. You can't take this for yourself. Who should you give it to? It depends on the circumstances of the case and who should be handed over. Here, everyone should also pay attention to one thing, that is, they must pay. There is no distinction between high and low. Everyone has paid, and there is no right.
Just because the case materials have been handed over does not mean that the civil part of the matter will not be handled. When handling a criminal case, the civil part can still be prosecuted, or it does not belong to a criminal case after transfer. After investigation, the public security and procuratorial organs will not open the case, or the case will be withdrawn after investigation, or the procuratorial organ will make a decision not to prosecute, or the people's court will make an effective judgment. It does not constitute an illegal fund-raising crime. In short, regardless of whether this matter exists in the criminal law, in this case, the parties concerned can still protect their legitimate rights and interests through civil procedures, and then file a civil lawsuit with the court, and the court should accept it. Everyone should note that this is another obligation and does not violate the principle of no-nonsense.
It is not difficult to see from the regulations that when a civil judge retrieves criminal case materials discovered in a civil case, he does not need to ensure that this clue will definitely constitute a criminal offense, as long as it may constitute a criminal offense. Even if the investigation does not constitute a criminal offense in the future, the civil judge does not need to bear responsibility. This can be inferred from the letter of the law.
Therefore, if a criminal offense is discovered in a civil trial, the civil case should be dismissed and relevant materials that may involve criminal offenses need to be handed over to the relevant investigation agencies. If you ignore the criminal case, or if you feel it is not within the scope of criminal jurisdiction after investigation, you can still use civil procedures to safeguard your legitimate rights and interests.