破产程序中刑民交叉的选择

The Selectionof the Overlaps between Civil Law and Criminal Law in Bankruptcy Proceedings

《企业破产法》已经施行9年,虽然在此期间最高人民法院颁布了两部司法解释,以及一些具体的司法解释性质文件,但是,对于破产程序中刑民交叉的问题并没有明确规定。债务企业在进入破产程序后被发现涉嫌刑事犯罪,应密切注意在此过程中涉及的刑民交叉的程序和实体问题,以便妥善处理类似案件。

Bankruptcy law of People’s Republic of China has been in force for nine years.Although the Supreme People’s Court has promulgated two judicial interpretations and some specific judicial explanatory documents during this period,there is no clear stipulation on the issue of the overlaps of civil law and criminal law.It is important to pay close attention to the procedural and substantive selection issues which related to the overlaps of civil law and criminal law when debt enterprises are found to be suspected of criminal offenses after entering the insolvency proceedings.Similar cases should be dealt in such methods as well.