2014•Beijing shehui kexueRequires access

Intersection and Coordination between Criminal Law and Civil Law in Fund-raising Cases

Zhang Dong-pin

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Abstract

The judicial chaos about disposal results of informal financing events is largely the entangling and refraction of interlocked and problems. The traditional way relying on criminal prior to procedurecould not correspond to the characteristics of illegal fund-raising cases and judicial practice. From the view of jurisprudence basis of relation-reconfiguration between law and law, the conflict dispose of law and law for fund-raising cases should give priority to the principle of civil prior to procedure,while taking theconcurrent and procedure or criminal prior to as the complementation. The reasonable coordination of executive conflict in and should define the priority of fundraiser repayment of debt according to risk standard. Seeing that the improper intervention of public power tends to give adverse influence to social effects on relationship dispose of law and law,the introduction of judicial process about bankruptcy reorganization becomes a truly optimal path to balance interests of all parties.

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The judicial chaos about disposal results of informal financing events is largely the entangling and refraction of interlocked and problems. The traditional way relying on criminal prior to procedurecould not correspond to the characteristics of illegal fund-raising cases and judicial practice. From the view of jurisprudence basis of relation-reconfiguration between law and law, the conflict dispose of law and law for fund-raising cases should give priority to the principle of civil prior to procedure,while taking theconcurrent and procedure or criminal prior to as the complementation. The reasonable coordination of executive conflict in and should define the priority of fundraiser repayment of debt according to risk standard. Seeing that the improper intervention of public power tends to give adverse influence to social effects on relationship dispose of law and law,the introduction of judicial process about bankruptcy reorganization becomes a truly optimal path to balance interests of all parties.

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Available abstract

The judicial chaos about disposal results of informal financing events is largely the entangling and refraction of interlocked and problems. The traditional way relying on criminal prior to procedurecould not correspond to the characteristics of illegal fund-raising cases and judicial practice. From the view of jurisprudence basis of relation-reconfiguration between law and law, the conflict dispose of law and law for fund-raising cases should give priority to the principle of civil prior to procedure,while taking theconcurrent and procedure or criminal prior to as the complementation. The reasonable coordination of executive conflict in and should define the priority of fundraiser repayment of debt according to risk standard. Seeing that the improper intervention of public power tends to give adverse influence to social effects on relationship dispose of law and law,the introduction of judicial process about bankruptcy reorganization becomes a truly optimal path to balance interests of all parties.

Key concepts: Law, Bankruptcy, Dispose pattern, Public law, Civil law (Civil law), Political science, Criminal law, Jurisprudence

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