A Study On The Handling Mechanism Of Crossing Cases Of Criminal

The interlocked penal and civil cases are regarded as a particular case because ofrelating to both criminal and civil procedures, which lead to conflicts easily and troublejuridical practice in a long time.With the rapid development of economic society, theinterlocked penal and civil cases cause the extensive attention to both academic andpractical law field. The interlocked penal and civil cases are still lack of systematicalresearch and common understanding about substantive characteristics,litigationmode,specific legal norms and so on. It is necessary to perfect the processing mechanismof the interlocked penal and civil cases and create an fair and effective legal environmentin favor of protecting the legal right of victim to the high limit. This article mainlyanalyses the process of the interlocked penal and civil cases, within the present legislationand judicial explaining system by the following three parts:Chapter One: summarizes the interlocked penal and civil cases.This part summarizesthe history of development, the concept,essence and the conflict forms of the interlockedpenal and civil cases and classified the interlocked penal and civil cases typologically.Chapter Two: discuss ‘Criminal first Civil second”, the traditional litigation mode ofthe interlocked penal and civil cases.This part analyzes the concept of ‘Criminal First CivilSecond’ and its realistic significance,defects from theoretical and practical perspectives.At the same time, it also brings forward to the main content of the system of civil suitcollateral to criminal proceedings and its defects.Chapter Three: suggestions of perfecting the processing mechanism of theinterlocked penal and civil cases.This part summarizes the principles of the interlockedpenal and civil cases.Against the problems of arising issues about the interlocked penaland civil cases now, the diversified processing mechanism is proposed to beestablished.And some personal advices are put forward to the improvement of the systemof civil suit collateral to criminal proceedings.