Research On The Mechanism Of Putting On Record Of The Case Of Crime Crossing Civil

The economic investigation department of the public security organ frequently encountered the cases of crime crossing civil in the judicial practice. Since the substance of the cases of crime crossing civil involves both criminal and civil legal relations and the cross- effect between them, as well as that every case is different at the complex rate, which often lead to meddling in the economy dispute or indulging in economic crimes because of the inaccurate determination of the nature of such cases. That brings many difficulties and problems for putting on record. There are so many reasons for disputes of putting on record of the cases of crime crossing civil: first, the conflict of legislation of criminal law and civil law norms; second, many complex legal facts and legal relationship existing in the economic life. The source of law and the root of practice are both concerned. For a long time, while executing crime crossing civil cases, we judicial organs mechanically adhere to the principle of “criminal procedure prior to civil procedure” which causes a lot of problems. A handful of judicial organs even abuse the right of putting on record of the cases at will. They adopt means of filling a criminal case to prevent normal trial of civil lawsuit for the implementation of the parties’ bad purpose. This kind of practice leads to the ignorance of protection for civil rights, and blocking the parties’ legitimate channels of civil rights in the judicial relief. Therefore, it is important to make the judicial definition of the “civil” and the “criminal” during legal practice as well as further standardize examination and filing procedure of economic crimes. Only in this way can we solve the dilemma of putting on record and protect basic citizen rights. That will change "lose-lose" for "win-win" which is the author’s most important view in this article.Currently, during the trail of crime crossing civil cases, problems about not only the substantive law but also the procedural law do exist. According to this, the author, in this article, focuses her study and discuss mainly on the procedural problems, the difficulties and essence of law during the trail of crime crossing civil cases. This article briefly analyzes the reasons causing this kind of cases and the corner it facing in practical trails. By analyzing representative cases in the practice, especially the crime crossing civil cases involving economic crime. The author put forward the guidelines, basic principles and path selections for solving the problems of putting on record for crime crossing civil cases. At the same time, this article set forth the key link and the high spot reviews during the process of putting on record. At last, it also put forward that continuous efforts should be made to perfect legislation, accelerate reform of the judicial system and strengthen the legal supervision so that we can thoroughly solve the problems of crime crossing civil cases.