论文部分内容阅读
“依赖刑事手段解决民事争议”问题的现状从案件数量上来看,根据各地经侦部门上报数据和省检察院提供的数据,2002至2006年,湖北省经侦部门受理的案件中,经立案审查属于民事、经济纠纷的案件有1514起,占受理总数13703起的11.05%;全省经侦部门立案的涉嫌经济犯罪案件中,经侦查属于民事、经济纠纷的案件有70起,占立案总数12752起的0.55%;经侦部门移送起诉的涉嫌经济犯罪案件中,被检察机关或人民法院最终认定为民事、经济纠纷的有22起,占移送起诉案件总数3117起的0.71%。从民事诉讼角度看,合同经济纠纷和借款纠纷最容易被当事人寻求以刑事手段解决。从刑事诉讼的角度看,经公、检、法机关认定属于民事、经济纠纷的案件,最初“涉嫌的罪名”主要集中在合同诈骗、职务侵占、挪用资金等罪名。
According to the data reported by the Economic Investigation Department of all localities and the data provided by the Provincial Procuratorate, from 2002 to 2006, among the cases accepted by the Economic Investigation Department of Hubei Province, There were 1,514 cases of censorship involving civil and economic disputes, accounting for 11.05% of the total number of cases receiving 13,703 cases. Among the suspected cases of economic crimes filed by the province’s Economic Investigation Department, 70 cases were classified as civil and economic disputes through investigation, accounting for the total number of cases filed Of the cases suspected of economic crimes transferred by the Security Investigation Department, 22 were finally found to be civil and economic disputes by the prosecutorial organs or people’s courts, accounting for 0.71% of the 3117 cases involving the transfer of prosecutions. From the perspective of civil litigation, contractual economic disputes and loan disputes are the most likely to be resolved by criminal means. From the perspective of criminal litigation, the cases that were found to be civil and economic disputes by public security organs, prosecutors and law enforcement agencies initially focused on such issues as contract fraud, job encroachment and misappropriation of funds.