Provisions of the Supreme People's Court on some issues involving suspected economic crimes in the trial of cases of economic disputes

(the Supreme People's Court on April 9, 1998 the 974th meeting of the judicial committee release (1998) No. 7)

According to the "general rule of the civil law", "PRC Criminal Law", "PRC Civil Procedure Law", "Criminal Procedure Law of the people's Republic of China" and other relevant provisions, the cases of disputes over economic trial involving suspected economic crimes as listed in the following:

Article 1 with a citizen, legal person or any other economic organization with legal facts of different, involving economic disputes and economic crimes suspects separately, economic dispute cases and suspected economic crimes cases shall be a separate trial.

The second unit persons directly in charge and other directly responsible personnel, thought that the units for the purpose of diddle property by deception, foreign economic contracts signed, diddle property is the unit of possession, use or dispose of constitutes a crime, shall be investigated for criminal responsibility in the relevant personnel in accordance with the law, ordered the unit to return for the property, such as causing the economic loss to the victim, the unit shall bear the responsibility for compensation.

The third unit persons directly in charge and other directly responsible personnel, in the name of the unit's foreign economic contracts signed, the property part or all possession, which constitutes a crime, shall be investigated for criminal responsibility in human behavior according to law, the units of behavior, the performance of the economy from the conclusion of the consequences of the contract, shall bear civil liability according to law.

Fourth personal borrowing units of the business letter of introduction, dedicated seal contract or stamped with the seal of the blank contract, economic contract is signed to lend the unit name, diddle property for personal possession, use, disposal or other crimes, other economic losses caused to constitute a crime, criminal responsibility shall be investigated by the borrower except in accordance with the law letter of introduction, lending business, dedicated seal contract or stamped with the seal of the blank contract unit, shall bear the liability for compensation according to law. However, there is evidence that the signing of the contract the other party is the borrowing behavior, still with the signing of contract except.

Article fifth the behavior of stealing, stealing unit official seal, business letter of introduction, stamped with the seal of the blank contract, or Sike official seal of signing an economic contract, diddle property for personal possession, use, disposal or other crimes constitute a crime, the unit on the behavior of the crime of economic loss does not bear the civil liability.
Criminal behavior or unauthorized use of Sike official seal unit official seal, business letter of introduction, stamped with the seal of the blank contract method to signing an economic contract, the unit has obvious fault, causal relationship between the fault behavior and the victim's economic loss, the unit on the crime caused economic losses, shall bear the liability for compensation according to law.

Sixth enterprise contract, lease after the expiration of the contract, the enterprise in accordance with the provisions of the registration of enterprise legal representative of the enterprise as a legal person, and not to take effective measures to recover its official seal, business letter of introduction, stamped with the seal of the blank contract, or do not take timely measures to inform the counterpart to the original enterprise, contractor, lessee to use the name of the original contract, leasing enterprises economic contracts signed, diddle property possession, which constitutes a crime, the enterprise to the victim's economic loss, it shall bear the liability for compensation according to law. However, the original contractor, lessee the use of unauthorized retained official, business letter of introduction, stamped with the seal of the blank contract name to the original contract, leasing enterprises economic contracts signed, diddle property possession, which constitutes a crime, the enterprise generally do not bear civil liability.
Unit employee dismissal, or units commissioned custody seal were lifted after commissioning, units are not timely recovery of the seal, unauthorized use of retention behavior of the original unit official seal of signing an economic contract, diddle property takes possession of a crime, such as the economic losses caused to the victim, the unit shall be liable for compensation.

The seventh unit persons directly in charge and other directly responsible personnel, methods of smuggling or other crimes from the property to the economic contract is signed to be sold, the buyer knows or should know, as a result caused economic losses, the loss to be borne by the buyer. However, if the buyer did not know the subject matter of the contract is a crime from the property and the purchase of the seller to the buyer, caused economic losses shall bear civil liability.

Eighth according to the "Criminal Procedure Law" of the people's Republic of China in seventy-seventh the first paragraph, the provisions of the "" second for unit crime caused economic losses, the defendant to fourth, the first paragraph of article fifth, article sixth shall bear criminal responsibility fails to return the property suffered economic losses to file an incidental civil the people's court litigation, criminal cases shall be heard. The victim has suffered economic loss due to the separate units have the right to bring a civil lawsuit. If the victim shall file a civil lawsuit, the people's court has jurisdiction shall accept.

Article ninth the limitation request protection of his civil rights interruption during the public security organs, procuratorial organs to investigate suspected economic crimes. If the public security organ decides to revoke the decision not to prosecute suspected of economic crimes or procuratorial organs, the limitation of action re calculated from the withdrawal of the case or the decision not to prosecute the.

Article tenth the people's court in the trial of cases of disputes over economic, found to be implicated in the case, but the case is not the same legal relationship of suspected economic crimes clues, materials, should be suspected of crime clues, materials to investigate the related public security organs and procuratorial organs, economic dispute cases to hear.

The Eleventh People's court as economic disputes the admissibility of the case, the court that do not belong to the economic dispute cases and suspected economic crimes, it shall dismiss the prosecution, the relevant materials to the public security organ or the procuratorial organ.

Article twelfth the people's court has a case on cases of economic disputes, the public security organ or the procuratorial organs that have suspected economic crimes, and explain the reason of the relevant materials of the case that accepted by the people's court, the people's court shall carefully examine. After examination, deems it suspected economic crimes, it shall transfer the case to the public security organs and procuratorial organs, and notify the party concerned in writing, to refund the fees for accepting the case; if that is indeed the case of economic dispute, it shall continue the trial, and the results to inform the relevant public security or procuratorial organs.

Opinions on some procedural problems of the high court of Shanghai "on the trial of civil dispute cases involving crimes"


On handling disputes in civil trial criminal involved some procedural problems
(two hundred seven years December 18th)

Civil trial, the court found all or part of the facts of a case of suspected criminal cases, or the facts of the crime has been court criminal judgments, due to the specific practice of the standard is not unified, the civil procedural right of the parties can't be protected. For this, put forward the following opinions on the relevant issues:
One, is for hearing civil cases, the people's court found all or part of the facts of a case of suspected criminal
1 according to the Supreme People's court "on hearing the economic contract dispute cases involving suspected economic crimes" some provisions of the provisions of article tenth, the court should be suspected of crime clues, the material transfer of the public security organs or the procuratorial organs investigated. But according to civil law, civil judgment, the legal relationship between the parties, and not the civil trial, civil cases can continue the trial.
2 in the trial of suspected crime, and the criminal suspect cases confirmed fact will directly affect the nature, civil dispute case validity, responsibility, in accordance with the "PRC Civil Procedure Law" article 136th (five) of the Convention, the court shall rule to suspend the trial, will be transferred to the relevant criminal clues the public security organ or procuratorial organs, waiting for the end of the trial of criminal procedure after recovery.
3 in the trial of suspected crime, and does not constitute a civil liability, such as that found an outsider, Sike official seal alleged embezzlement engaged in fraud, as the defendant unit has no fault, shall not bear civil liability, namely between the parties to a contract does not exist in the civil legal relation, the court should be the case.
The case of the transfer of cases, the Supreme People's Court on the trial "in economic dispute cases involving economic crimes. The provisions of a number of issues", should use the following transfer processing:
1) the people's court considers the case crime suspect but does not belong to the civil dispute, according to the Supreme People's court "Regulations" on issues involving suspected economic crimes in the trial of cases of economic disputes in the provisions of article eleventh, it shall reject it, and submit the relevant materials to the public security organ or the procuratorial organ.
2) during the trial, the public security organ or the procuratorial organs that have suspected economic crimes, and explain the reason of the relevant materials to inform the court, court review of that is suspected of crime, according to the Supreme People's court "Regulations" on issues involving suspected economic crimes in the trial of cases of economic disputes in Clause twelfth, shall be the case to the public security organs and procuratorial organs, and notify the party concerned in writing, to refund the fees for accepting the case.
To have the case transferred to public security organs or the prosecution case, during the investigation, the parties also to colleagues from the prosecution to the court, the court shall rule to reject the accept or reject the prosecution.
Two, is for hearing civil cases, the people's court found that the case involved some or all of the facts have been confirmed effective criminal judgment
1 the criminal liability of the subject and the civil liability subject complete concurrence, and criminal judgment on property deal has covered the civil liability category (e.g. the behavior criminal activity, but also constitute a civil liability, criminal judgments have been made to return the victim legitimate property or ordered to return the economic loss of judgment), the victim and the civil lawsuit, according to the Shanghai high method (2006) No. 245 "Shanghai Court on the property punishment and criminal judgments of the property part of the implementation of views (for Trial Implementation)" the relevant provisions of the property, criminal judgments of part of the executive, responsible people by a court of competent jurisdiction actuator.
Because the criminal judgment is performed on the legal effect, the main responsibility and main return liability criminal judgment in civil cases and complete competition, not involved in other subject of liability, the criminal procedure has been made for the disposal of property and civil litigation request compensation to the victim in the case, has been the public relief the case, then the same fact civil lawsuit, the court should rule not to accept or reject.
2 the criminal liability of the subject and the civil liability subject while competing, but criminal judgment on property deals without treatment, or as part of the process, through civil litigation to seek relief for criminal liability, the return of property or bear the liability of the booty inadequate, according to the Supreme People's court "on hearing economic contract dispute cases involving suspected economic crimes" some provisions of the provisions of article eighth, a court of competent jurisdiction shall continue the trial.
3 criminal judgments on the property is made booty or restitution of treatment, but the subject of civil liability and criminal liability subject do not compete, the civil lawsuit, should be judged according to the civil legal norms. If a civil legal relationship between parties, except the subject of criminal responsibility shall bear liability, unit or other person should bear civil liability, civil cases shall continue the trial. For example, the behavior of people with fraud and contract individual victims, crime of fraud, but the unit if the relative person to contract the form of apparent agency, or unit is at fault, the unit shall bear contractual liability or liability for fault. The contract relative person civil lawsuit, share the same legal facts, but lead to different responsibility, civil cases shall continue the trial.