A Study On Treatment Mechanism For The Criminal Case Crossing With Civil Case

The crossed case of the civil law and criminal law is a long-standing difficult problem for theorists and practitioners, this article from the perspective of protecting the rights of the parties to analyze the lack of protection of private rights in the current legislative and judicial practice, which is another perspective of re-interpretation of such complex cases to perfect trial system of criminal case crossing with civil case.Firstly, this article introducing the theory of criminal case crossing with civil case. The crossed case of the civil law and criminal law is a case which criminal litigation crossing with civil litigation because the existence of the same legal truth. The standard of criminal case crossing with civil case is the same legal relationship is involved. There are three ways in deal with criminal case crossing with civil case in trial practice:"criminal first, civil second""civil first, criminal second"and"criminal parallel with civil law", all of them have the reasonable of existence and different scope.Secondly, this article analysis the operation of criminal case crossing with civil case from which affect the rights of the parties from both the legislative and judicial. In the legislation, because of the impact of traditional values"emphasis on criminal and ignore civil"and the protection of private rights are often ignored. In the judicial practice, both procedural and substantive shortcomings are easily infringed on the rights of the parties. Procedural shortcomings are: choose the wrong treatment from the three methods, convergence of improper procedure (jurisdiction, review and transfer procedures of criminal litigation and civil litigation), the conflict of implementation (the conflict between coercive measures of criminal litigation and property preservation measures of civil litigation, the conflict between criminal litigation and civil enforcement proceedings), affecting the implementation of the procedural rights of the parties. Entity drawbacks are: the conflict between criminal judgments and civil judgments, the conflict between the criminal booty and civil compensation, which will ultimately affect the realization of the purpose of the party action.Finally, whether the need of relief of rights or the law concept of protect rights, there need to reconstruct the mechanism of criminal case crossing with civil case. This article have put forward three majors to solute the drawbacks in procedural and substantive of criminal case crossing with civil case. First, the parties have the right of choosing procedure in criminal case crossing with civil case, that is, the parties have the rights to choose"criminal first, civil second""civil first, criminal second"and"criminal parallel with civil law"according to their own. Second, the standard of criminal case crossing with civil case is,"the trail of one case must be based on the results of another case"to establish what kind of treatment applied. Third, improve the interface of criminal case crossing with civil case, that is, public security organs,procuratorate and court who have their own right to deal with criminal case crossing with civil case, while giving the parties a number of procedural remedies. In additional, in order to relief parties'right timely, the paper also proposed to develop a number of related systems, such as oversight mechanisms, coordination mechanism and state compensation mechanism, making criminal case crossing with civil case in the protection of the clients are more specific and comprehensive .