In dealing with civil cases involving criminal

Reprint

Notice of the Supreme People's Court of the people's Republic of China

"Regulations" the Supreme People's Court on issues involving suspected economic crimes in the trial of cases of economic disputes in the Supreme People's Court on April 9, 1998 the 974th meeting of the judicial committee, is hereby promulgated, shall enter into force as of April 29, 1998.

April 21, 1998

Provisions of the Supreme People's Court on some issues involving suspected economic crimes in the trial of cases of economic disputes
(in April 9, 1998, the Supreme People's court
The 974th meeting of the judicial committee of law interpretation (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.

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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.

Treatment involves the crime problems in civil trials
 
 
Abstract: a civil case is complicated, the myriads of changes, and criminal blend interweave phenomenon more common. How to correctly and effectively deal with criminal and civil cases of inter related criminal legal relationship and civil legal relationship, for protecting the legal civil rights, safeguard judicial justice and efficiency, is of great significance to maintain social harmony and stability.

Key word.Criminal and civil interactionFirst the punishment queen people principleJudgment standard

A, problem

Criminal and civil interaction, is that the parties in the case of a part or all of the phenomenon of behavior conforms to the objective elements and civil relations constitute a criminal offense. The criminal and civil interaction phenomenon, is that the behavior's special behavior to a certain extent, the friction collision in criminal law and civil norms edge region occurred as the result of.

The trial in the civil dispute case, when all or part of the facts of a case of suspected criminal, how to deal with in the procedure and the entity, has been a controversial issue. On the one hand, a few public security, procuratorial organs tend to be suspected of crime by asking the court to transfer the case or to suspend the trial, improper intervention into civil disputes, the court trial greatly affected; on the other hand, some on the surface is a civil dispute essentially crime suspect cases because the investigation organ and judicial cooperation poor is not timely treatment, indulgence of crime. According to the Supreme People's Court on the trial "in economic disputes involving suspected economic crimes the provisions of a number of issues", to a certain extent, clear some of the practice. At the same time, we should also be in the new situation, re-examine the trial thoughts, to straighten out the legal relations, unified treatment of scale.

The suspected criminal in civil disputes, there are the following problems: one, how to master the prosecution dismissed the case, the investigation organ condition; two, how to continue the trial, to crime clue conditions; three, how to grasp the suspension of hearing, waiting for the criminal investigation and criminal trial condition.

Two inter related, two problems should be pay attention to in the case

(a) how to treat the relationship between tort and criminal crime

Civil tort refers to the behavior of people due to the fault of others against the property or personal rights, and should bear civil liability in accordance with the law; criminal crime refers to the act of intentionally or negligently endangering society, with criminal law and should be subject to penalty punishment. Whether it is civil tort or criminal acts, in law as the prerequisite, there are certain differences are caused by different is the behavior of social harmfulness degree, tort development to a certain extent when it evolved as a criminal offence. For example, the criminals after burning down houses, in the criminal law, constitute arson or damage public or private property crime, tort in civil law. The criminals also bear the civil liability for damages in bear the penalty at. Therefore, there is no relationship to replace each other between civil liability and criminal liability, but independent of each other. The judge in the case of disputes in civil trial, involving criminal acts in the case of the facts of the case, should not ask why suspension of civil procedure will be. And should according to the specific circumstances of the case, or transfer the case, or to continue the trial, or suspend the trial. We should be clear, criminal law and civil norms are adjusting the social norms of behavior, but the nature and adjust their is completely different. In determining the bear civil liability, criminal procedure and cannot solve all of the behavior caused by illegal question. The civil liability of behavior, should be through the processing of civil procedure. The Supreme People's court made in compensation for the loss of economic crime, judicial interpretation of the judicial spirit is consistent.

(two) how to treat first the punishment queen people principle

In judicial practice, the law of our country has not the criminal and civil cases related to each processing rules make specific provisions. The Supreme People's court enacted in 1998 "on the trial of cases of economic disputes involving suspected economic crimes the provisions of a number of issues" content is only relates to a processing method for alleged economic issues related to the crime suspect in cases of economic disputes, and how to place the trial of civil cases and other criminal legal relationship is not clear definition.

In the trial of criminal and civil cases related to each other in practice, judges will often "punishment queen people first" as the principle of trial rules. "First the punishment queen people" principle is usually caused by the same case in criminal procedure and civil procedure cross existed, priority shall be given to criminal procedure, criminal procedure after the end of civil procedure. However, on the "first the punishment queen people" principle, different scholars have different opinions. One view is that, in the criminal procedure and the civil procedure should be the priority. This is because: on the one hand, in this kind of case, the general public and private rights are violated the spirit of public double benefit of law, the principle of priority, should suspend the civil trial, the first criminal responsibility shall be investigated for criminal cases concluded after the civil treatment; on the other hand, from a pragmatic point of view, to determine the criminal case the victim's property loss, can be obtained by means of relief, the booty is convenient, cost saving. Another kind of view have opposite views on this. The holders of this view of the scholars, China does not determine the "punishment queen people first" principle, just as a kind of judicial practice, under the market economy system, civil and criminal procedures is to maintain social order means, the two who does not exist the issue of priority. Another kind of view is a compromise, that is, "first the punishment queen people" principle is not absolute, should according to the specific circumstances of the specific case distinction. The people's court in the case of disputes in the civil trial, found to be implicated in the case, but this is not a case of the same legal relationship and legal facts of criminal suspects clues, materials, should be suspected of crime clues, materials to investigate the related public security organs or the procuratorial organ, civil dispute cases to hear. If that is the same legal relationship based on the fact or law, it should follow the principle of "first the punishment queen people".

The author thinks, "first the punishment queen people" refers to the principle in civil proceedings, found that the acts of the parties suspected of a crime, under certain conditions, by the investigation organ for alleged crimes in finding out the facts, the court of criminal trial decision, by a court of competent jurisdiction of civil cases for trial, or by the court in the trial of criminal incidental civil liability at the same time, part. Don't be the civil disputes adjudicated before. "First the punishment queen people" principle is not unconditional, that is not absolutely processing, also can't do simple processing. The conditions under which the whole case, suspend the trial conditions under what circumstances continue to hear, is the civil trial need to solve the problem alone.

Three, criminal and civil cases of inter related problems existing in

(a) criminal and civil interaction criterion for judging whether the separate trial cases

The criminal involved in the trial of civil dispute cases, should reject the prosecution case, the investigation organ, or simply to crime clue, continue to try civil cases. In the concrete judicial practice, there are three criteria.

The first to civil and criminal cases with the fact that whether the coincidence as the standard. According to the Supreme People's court "on hearing of economic dispute cases involving economic crimes. The provisions of a number of issues" the first rule, 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 provisions of 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. According to the judicial interpretation, can launch, the same legal fact also involved in a dispute with a crime, it shall transfer the case to the trial. To support the litigant lawsuit request the necessary facts and has entered the criminal suspect the truth are compared, both coincide, belong to the same legal fact. However, the author thinks, this kind of judgment standard has its limitations. The standard to distinguish the Supreme People's court established in the "Regulations" on issues involving suspected economic crimes in the trial of cases of economic disputes in question is worth. As to whether the same legal relationship or the same legal facts as to whether should be separated from the trial standard is not clear. Legal relation refers to the legal norms, to form social relations between the subject of rights and obligations among. Legal fact is the provisions of laws and regulations can cause legal relations, change and eliminate the phenomenon. The same legal fact is likely to hit the criminal legal relation, may touch the civil legal relationship, so whether to belong to the same legal relationship? If that does not belong to the same legal relationship, then the same standards of legal relations is meaningless. If you think that belong to the same legal relationship, is essentially the same legal fact as the division standard, and legal facts depends to some extent on which the parties from the perspective of. In the case of fraud, from the offender's point of view, is the fraud act constitutes a crime, and from the victim's point of view, may constitute the apparent agency effective civil legal acts.

Second to the civil dispute litigant request of the facts is also conform to certain criminal elements of the crime of standard. If they meet certain criminal elements of the crime, can be identified with criminal suspects, should be transferred to the relevant departments; if does not conform to the criminal elements of the crime, the dispute is not criminal suspects, belongs to the civil case, the court shall continue the trial; the litigant request of the facts only a part related to the criminal suspect, criminal suspects should be transferred to the relevant departments of the case, as the part of facts to be transferred to the impact on the entire civil relations, continue the trial or suspend the trial, that is until the part confirmed the fact that criminal or deny and then continue the trial, not the whole case. The essence and continue the trial is the confirmation of the nature of the acts of the parties in civil litigation request, so if the facts do not suspect, but claims the facts outside the facts have been implicated in the litigation request outside, on the basis of the facts with suspected economic crimes should be suspected of crime, part of the clues to the relevant departments as a civil dispute, the case to trial.

Third kinds of civil relationship or a civil legal relationship with the existence of used to decide whether to transfer standard. I agree with this point of view. Because, a behavior not only may conform to constitute criminal law on the crime, may also form the civil rights and obligations. If we will conform to the crime constitution behavior will be transferred to the criminal procedure, and does not assume the responsibility to protect civil rights, is unable to safeguard the party's civil rights. So, whether the behavior caused by civil disputes and criminal cases if fact that range of coincidence as the standard is not accurate. Whether there is a civil relationship between parties, can only be judged according to the standard of civil law. Even in the suspected criminal case, if according to the existing civil law civil relationship between parties, it should continue the trial.

(two) to determine whether to suspend the trial to trial in the case

Not in a civil case dismissed the prosecution to the investigation organ for handling the case, there is a criminal and civil trial procedures are needed to find out the truth of coincidence of circumstances, because the criminal investigation has the characteristics of national public power intervention, compared to the survey mode and civil dispute to the parties, the probative force stronger, but also more quickly, more convenient. Therefore, ought to be in when necessary to suspend the trial of civil cases, waiting for the criminal judgment results, in order to avoid criminal case finding of facts contradict.

In the specific operation process, should grasp the following problems. When can confirm the criminal case needs to identify and eventually finds the truth, for the treatment of civil cases the results will have an impact, civil cases shall be the final result of treatment to suspend the trial for criminal cases. If you can not confirm whether the criminal cases investigation facts will be civil cases can not grasp, but might be the case final result greatly influence the facts, in order to avoid the conflict between criminal and civil judgement, should suspend the trial. If the facts of the case will not affect the civil parties in criminal cases under investigation in the responsibility to ensure that the bear, do not need to suspend the trial. But we also should see, when criminal cases cannot be settled in a short period of time, suspend the civil cases for criminal results blindly, will actually lead to indefinitely shelved civil cases. Therefore, we should according to the specific situation of the case, while the final results of the investigation of criminal cases will have an impact on the civil liability, but in the short term can not be the end of the criminal procedure, can be identified according to the rules of evidence in civil cases fact advantages, make a judgment.

(three) for criminal booty recovery issues

The fraud case. A kind of viewpoint thinks, criminal and civil cases related to each other in the implementation of crime, criminals must be classified as litigant, only the booties recovery after the still insufficient to make up for the losses of the victim fault, who can provide the conditions on the other for the implementation of crime criminal liability. The essence of the compensation responsibility is the responsibility of compensation. Another view is that, in the criminal cases and civil cases belong to the same legal fact, the nature of the case is no longer a civil action but a criminal case, so there is no longer to other parties to pursue the possibility of civil liability, but only through criminal chasing dirty solution.

The author thinks, the criminal judgment booty and back direction is not determined civil relations between the final sense, is only a convenient means to avoid the victim's lawsuit to take, so we need to distinguish between different situations to. One is the behavior which the apparent agency or authorized agent, the victim can directly to the litigation agent, for breach of responsibility, also may request the revocation of the contract on the grounds of fraud, be held to be invalid contract liability of the agent. Human behavior is investigated for criminal responsibility and judgment on the stolen money returned to the victims, return the deducted part from the civil judgment is the agent should be paid the amount of. Criminal cases have not yet made a final decision, does not affect the determination of the amount of compensation for civil cases, and through the implementation of procedures to deduct the corresponding amount. Another is the act does not constitute a apparent agency, shall be directly responsible behavior, to bear part of the loss can not, is at fault shall be liable for compensation according to its fault, the nature of the responsibility of compensation. A criminal case has not yet ended, does not affect the determination of the amount of compensation of civil judgment, the parties can judge fault in a certain range, the behavior of people can not bear part or unable to recover part of the liability, and through the implementation of procedures for the settlement of the amount in question.

In short, deal with criminal and civil cases involving interaction of procedural and substantive aspects. In the judicial practice is very complex. And with the development of the society, also will continue to have a new situation. But in any case, we think, not without analysis the criminal judgment results as the division of civil liability absolute basis, according to the criminal go against completely, civil liability is not simple error prone carefully study. At the same time, it should be affirmed, inter related in criminal and civil cases, criminal and civil legal relation has great relevance. In criminal justice, accurately grasp the accurate qualitative, civil legal relationship is helpful to criminal cases, accordingly, the judge in the criminal law cannot be determined under the condition, can not easily determine or assertion of criminal victims of civil trial, think to leave enough space for the.

• Xu lawyers2008-11-03 06:48:09 Report.

  The defendant argued that the third engineering company of Hunan Province, Liao Jiming in ious covered by the "Third Engineering Company of Hunan Province in resource county Feng Xiang Da Zhuang Tian Jing tou bridge engineering project manager" Liao Jiming Sike seal, therefore, the person directly responsible for the responsibility to bear, the case shall be transferred to the public security organs. But the accused without evidence of the seal was forged, the provision of Public Security Bureau of Xiangtan City Yuhu branch of the case decision and resource county police station in peak about Liao Jiming forged the seal of the company crime investigation report and argued that irrelevant facts, moreover, the project Department seal is faked, no necessary connection with the payment owed to the plaintiff. "The Supreme People's court" about some problems involving suspected economic crimes in the trial of cases of economic disputes in tenth rules: 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, wire cable materials, should be suspected of crime clues, materials to investigate the related public security organs and procuratorial organs, economic dispute cases to hear. In this case Liao Jiming Sike official behavior, has been resource county people's court judgement, and is irrelevant to the case, therefore, the defendant argued that the person directly responsible shall be liable for the undertaking shall not be accepted. The requirements for the case to be transferred to the public security organs shall not support the application.

• Xu lawyers2008-11-03 06:50:18 Report.

  . Guan Yaohua takes Peng Yougen's act constitutes a crime on the grounds that the suspension of hearing, the court found that Peng Yougen suspected fraud is a criminal legal relationship, Guan Yaohua, seagull bathroom between the contract of carriage of goods between civil legal relationship, both of which have certain connection but also independent of each other, "the Supreme People's court" about some problems related to economic crimes. In the trial of cases of economic disputes in tenth clearly stipulates: "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, case of economic disputes continue the trial". The judicial interpretation to determine the transfer of relevant organs of the implicated in cases of economic disputes suspicion of economic crimes clues do not affect the cases of economic disputes trial principle. Now the public security departments have been placed on file for investigation on suspicion of fraud in the case of Peng Yougen, can continue to try, therefore, to the case involving the crime Guan Yaohua requested to suspend the trial opinions, there is no legal basis, the court shall not be accepted.

• Xu lawyers2008-11-03 06:54:50 Report.

  The Supreme People's Procuratorate in protest, the former hospital (2001) in high people two final No. eighty-second Wang Guoqiang civil judgment and state-run Zunyi Tobacco Redrying Factory made "nine six annual tobacco allocation agreement", signed the amount of arrears, issued by the promise of payment letter for duty behavior lack of factual legal basis; take responsibility to Wang Guoqiang had no right to act any Hanzhoung cigarette factory consequences, erroneous application of the law, therefore, to draw the law retrial. Opinions of the Supreme People's Procuratorate protest, tobacco companies in Guizhou province Zunyi City branch, Zunyi Tobacco Redrying Factory made no reply.
  　　
  The court after hearing that, Wang Guoqiang implemented in Hanzhoung Tobacco Group Limited cigarette factory name behavior has been suspected of economic crimes, the legal consequences of this case the original one or two decision ordered the Hanzhoung cigarette factory take Wang Guoqiang to the plant on behalf of the improper behavior, according to "the Supreme People's court" on several issues related to economic the suspect in the trial of cases of economic disputes in 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, the court shall prosecute the case materials, regulations on the transfer of public security organs and procuratorial organs", the case shall be transferred to the public security organs. Appeal right of the Supreme People's Procuratorate, shall support. According to the "Supreme People's Court on the trial of economic dispute cases involving economic crimes. The provisions of a number of issues" Eleventh and "the Supreme People's Court on the application of 'people's Republic of China Civil Procedure Law' opinions on several problems of" article 210th (a) of the Convention, ruling as follows:
  　　
  One, the revocation of Guizhou Province Guiyang City Intermediate People's Court (2001) building Jing Chu Zi No. forty-eighth and the hospital (2001) in Taka Minji end No. eighty-second civil judgment;
  　　
  Two, rejected the tobacco companies in Guizhou province Zunyi City branch, Zunyi Tobacco Redrying Factory prosecution.
  　　
  The ruling shall be final.
  

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