Author(s)

Xiaoying Li ¹

Affiliation(s)

¹ School of Humanity and Law, Chengdu University of Technology, Chengdu, China

Corresponding Author

Xiaoying Li

ABSTRACT

In the past judicial practice, it is not uncommon to dismiss all the apparent agency cases involving punishment. In fact, based on the differences in the evaluation of facts between penal code and civil law, the litigation mode of blocking civil proceedings with criminal proceedings, replacing civil proceedings with criminal proceedings or criminal proceedings followed by civil proceedings is not universally applicable to all the cross cases of criminal and civil in judicial practice. After the issuance of the "Proceedings of Civil and Commercial Trials of Courts" and the new "Judicial Interpretation of the Supreme People’s Court on Private Lending", "the same fact" has become the core standard of choosing whether criminal procedure should absorb civil procedure or criminal procedure and civil procedure should be parallel. Two conditions should be met to judge "the same fact": one is the same subject and the other is that there is concurrence or basic concurrence in the case facts. However, the subjects of criminal and civil cases involved in the apparent agency cases in fraudulent form are not the same, and although the case facts are related, there is no concurrence or basic concurrence. So the court can not dismiss the civil cases, namely the apparent agency cases, on the grounds of criminal involvement, but should transfer the criminal clues to the relevant authorities and the case will continue to be tried.

KEYWORDS

Cross between criminal and civil; the apparent agency cases in fraudulent form; choice of procedure; same fact

CITE THIS PAPER

Xiaoying Li, The Study on the Selection of Procedures in Cases of Apparent Agency with Forgery. Science of Law Journal (2024) Vol. 3: 181-186. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030423.

REFERENCES

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