Review And Identify The Criminal Evidence In The Civil Procedure

In the civil judicial practice of our country,often involves the application of the criminal evidence problem,Some courts suspicious about the ability of the criminal evidence and clearly against the application of them, some courts apply this evidences with reference to the procedure of the application of the civil evidence. This is not unified standard is not conducive to the realization of the legitimate rights and interests of the parties, and also bring challenges to the authority of the current laws.Therefore, we must make enough attention to them. The problem of the application of the criminal evidence in the civil procedure mainly includes: can the criminal evidence be applied in the civil procedure directly, if not, how this evidences should be applied,besides, at the time of the application of the criminal evidence, how to review and identified them? Based on this, this article will first discuss about the problem that can the criminal evidence be used in the civil procedure, after a clear conclusion,we continue to explore how this criminal evidences applied, then we will discusses that how to review and identified the criminal evidence, in order to solve the problems in practice, and provide reference for the future similar cases.This paper mainly adopts the method of empirical research in writing, to find the problem in the typical cases of civil practice; This article also uses the method of literature research, in order to provide guidance and reference for this article on the basis of a large number of Chinese literature; At the same time, this article also uses the method of comparative analysis in great quantities, comparing the difference between the civil evidence and the criminal evidence, to come to a conclusion that how to identify and review the criminal evidence in the civil procedure.This paper consists of three parts with introduction and text and the conclusion, among the text, the body is made up of four parts.The first part list two judicial practices to draw out the paper’s thesis, namely that can the criminal evidence be applied in the civil procedure.The second part is combing the different views about whether the criminal evidence will be applied in the civil procedure and making a criticism about the view that the criminal evidence shall not be applied in the civil procedure。The third part is coming to the point of my view: the criminal evidence can be applied in the civil procedure. After reached my point of view, we plan to seek the theoretical basis through the appearance of judicial practice, providing legal support for the application of the criminal evidence.The fourth part is the most important part in the text, after the conclusion that the criminal evidence can be applied in the civil procedure and should be used according to the application of civil evidence procedure, we focuses on the problem that how to review and identify the criminal evidence, among them, it is needed to review the ability and the proving ability of the evidences, in order to decide whether make a adoption of the evidence by the free judgment and get a state of inner confident by the judge finally.