| With respect to the relationship between cross civil and criminal procedures, “criminal procedure before civil procedure” has always been regarded as a principle to be adhered to in China. But it is not always consistent with the principle of and legal provisions on the independent exercise of adjudicative power. When handling concrete relationships between civil and criminal procedures or between civil and administrative procedures, the question of whether there exists a prerequisite relationship between the two procedures ought to be considered first. When prerequisite relationship does exist between them, the antecedent proceeding can go ahead and the other proceeding suspends to wait for the end of the antecedent proceeding. When prerequisite relationship is taken as the principle, uniformity of judgment acknowledged and pursued by society and the reality of the judicial system are both taken into consideration. However, prerequisite relationship is not absolute and litigation efficiency is also a significant value pursued by civil procedure, the proceeding should not be unduly delayed as a result of the delay of the antecedent proceeding and the court having the jurisdiction should be able to exercise adjudicative power, including the power to ascertain fact and apply law independently. In an action where civil and criminal subjects intersect, the civil action is a prerequisite to the criminal action, and parties are subject to restraint of liberty and cannot exercise litigious rights fully in the collateral civil procedure, the civil case can be turned over to the criminal court, which hears the civil case in advance of the criminal case in a different procedure, so as to maintain coherence in ascertaining the same fact. To introduce this practice, China needs to revised the relevant laws to make the above procedure statutory. |
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