Study On The Problems Of Criminalization Of Civil Disputes

In recent years, civil disputes into criminal cases has drastically increased, which becomes the key factors of social stability and threatens the socialistic harmonious society. In the afternoon on april 18, on the seminar of "the conflicts between Civil dispute into Criminal Cases and the harmonious society" which organized by Beijing Kyoto solicitors and Shanghai branch of Xin solicitors, Jiang Ping, the professor of Chinese procuratorial and judicial university, proposed that the tendency of criminalization of civil disputes were getting worse, causing a large number of social conflicts and harm to the building of a harmonious society. Therefore, how to avoid the criminalization of civil disputes, have caused concern and thinking by the legal profession. The practice of real cases with this issue was briefly discussed.Firstly, the author overview briefly of criminalization of civil disputes in the whole. Discusses the concept of criminalization of civil disputes, features, combined with the actual survey. On the whole, the criminalization of civil disputes cases were classified in four areas.Criminalization of civil disputes is a legal phenomenon, when civil disputes is not handled properly or in time thus developing into criminal cases. It has the following five characteristics:1. Criminal cases is due to improper or not timely handling.2. The nature of criminalization of civil disputes cases is relative concentrated.3. Criminalization of civil disputes case occurred suddenly.4. Criminalization of civil dispute cases occurred in rural and urban-rural suburbs.5. Most Criminalization of civil dispute cases can cause serious social consequences. Criminalization of civil dispute cases is made into the following categories from different point:Under the occurrence of the different regions, criminalization of civil dispute cases can be divided into the city criminalization of civil dispute cases, the urban-rural suburb criminalization of civil dispute cases, the rural areas criminalization of civil dispute cases; According to the original type of civil disputes, civil disputes can be divided into property criminalization of civil dispute cases and personal relation criminalization of civil dispute cases; According to the occurrence of the process, the criminalization of civil disputes can be divided into two explosive-type cases and progressive type of cases; Under the content,criminalization of civil dispute cases can be divided into revenge type, dunning type, legal literacy type, vindictive type, for profit type.Secondly, the author analyze the causes and the process of criminalization of civil disputes from the dynamic, with Taian "1.04 killing case". Civil disputes into criminal cases has affected by the joint of subjective and objective reasons. From civil disputes into criminal cases has gone through four process:The first stage is occurrence of civil disputes; The second stage is dealing with civil disputes; The third stage is generating motive for the crime;The four stage is stage of criminal cases occurred.Thirdly, the authors propose the legal principles applicable in the criminalization of civil disputes, including the principle of specific analysis of concrete case and the correct use of the criminal policy of combining punishment with leniency.Fourthly, I put out measures from the three aspects:the prevention measure before civil disputes occur, the control measure when civil disputes occur, the timely handle measure after criminal cases occur. Such as:Correctional institutions to create a psychological; Establish a good psychological education; Full mediation organization "first line of defense" role; Full use of community corrections system.Lastly, the author elaborates the severity of Criminalization of civil disputes. Look forward to future work and learning process to build a more systematic prevention and control measures.