Theory Of The Trial Of Cases Involving People Court Square Cross Dilemma And Overcome

The communique of4th plenary session of CPC Central Committeestates that the cohesive system of administrative enforcement and criminaljustice shall be improved; the standard and procedure of the case transfer shallbe enhanced; the information sharing, case status update and case transfersystem between administrative enforcement department, public security,investigation and prosecuting institution and trial entity shall be established;refusing to transfer cases, any difficulty in transferring case, or usingadministrative punishment instead of criminal sentence shall be decisivelysurmounted; the seamless connection between administrative punishment andcriminal sentence shall be implemented, which reflects the serious problemsexisted in law enforcement department, public security, investigation andprosecuting institution and trial entity. As such, this article starts with theanalysis of the reasons of cases with both civil and criminal affairs, whichthen analyzes the difficulties in filing, reviewing and enforcement of caseswith both civil and criminal affairs, lists the real case analysis in current casereview practice and proposes solutions to handle the such cases from angelsof both criminal procedure law and civil procedure law.