"People Turn Punishment" Case Law Mechanism Study Of Prevention And Control

In criminal and civil law of tort behavior become more and more blurred. Our current country is in a period of rapid development, the day-to-day interaction become more frequently, the rich-poor polarization become more acute, various disputes among interests arise, a show of social contradictions rush, the number in civil disputes is in substantial growth; Kinds of foundation, infrastructure construction project are huge, land disputes, coerce remove events are disclosed gradually, the result of mismanagement is directly sharpening into the criminal case, an increase of price and cost in Chinese economic and social development, burden to the judicial resource."Civil case screws criminal case " is fusion of certain general character between the civil and criminal case, but it also is different from both outside the characteristic, is from the time of cases of sudden, causes of trivial, cumulative, the body of acquainted, object in cases of mild and transferable, crime scene of remote and consequences of cruel and serious. Thus, "civil case screws criminal case " are multifarious, the following are the expression types:disputes for family reasons, for neighborhood contradiction and conflict, for economic interests, for social morality. The current situation of these cases, reflects many problems:"civil case screws criminal case " rising of incidence rate, to the mass cases malignant evolution problems. " The civil case screws criminal case " presenting high momentum, become unstable factors influencing the construction of a harmonious society. Therefore, study on " the civil case screws criminal case " rules, and actively explore the long-term mechanism to administer from fountainhead " the civil case screws criminal case ", to properly coordinate the interests, to resolve various contradictions and disputes, build of a harmonious society is of great practical significance.This paper focuses on the defend to control systems on "civil case screws criminal case ", set out actually from our country, put forward some superficial views to establish what control mechanism。1,Criminal reconciliation mediating mechanism, if handled well, maximum limit to protect the sides and even the majority of people.2,The establishment of postpone anti action system, expanding the applicable scope of discretional non-prosecution. The part of the " civil case screws criminal case " into discretional non-prosecution system scope, the deferred non-prosecution, give suspect a chance to remedy, give victims a space to buffer, so to a certain extent produced incomparable role to the illegal crime and personality correction, is conducive to promoting the harmonious society the process of the rule of law.3,Build justice and enforcement supervision agencies, to ensure a fair degree of dispute resolution. To strengthen the judicial and enforcement staff supervision, and resolutely put an end to tyrannically abuse one's power, sacrifice the interests of victims to the self-serving approach, beware of more civil disputes which is brewing criminal murder. Also the " civil case screws criminal case " data into the performance evaluation system of a column. 4,Improve judicial quality of worker, strengthen legal awareness and assistance. This requires judicial workers change working way, raise the quality of law enforcement, moderated the relationship between the criminal suspect and the victim, ensure litigation activities to carried out smoothly. To implement legal education to outskirts of a city, the vast rural areas and remote areas, strengthen legal aid.5, Establishment of the dispute pre-warning mechanism, closely contact and rely on the masses. Especially in rural and suburban areas mediate disputes, as long as the devolution of power, "return the right to the people", give the mediation of disputes initiative, decision-making power, supervision power to the masses, to let people enjoy the real democracy.6,Increase malignant, groups of criminal cases crackdown in the case of "civil case screws criminal case ". In their daily work, public security organs should pay special attention to timely find the beginning of the civil disputes, " kill", from the source to prevent the malign expand, and promote the harmony, stability bureau of the society.