Judgment Effect In The Connection Of Civil Law And Crinminal Law

With the continuous development of market economy and judicial reform further indepth, refinement of the law of economic disputes degree of discrimination is constantly, a large number of cases of economic disputes and development become the economic crime, and in the case of the review process definition has become more and more fuzzy, which led to civil liability and criminal liability is often difficult to distinguish one from the other. Also in our country, the period of social transformation, which increase with the wealth of the people, the people of the concept of private property is more and more sensitive, the continuous increase in the crossed case of civil law and criminal law, the identification work is also more difficult.The cross of civil punishment has been a headache for the judicial practice, which has caused wide attention from the academic circle and the business community.. A case not only causes the civil liability for violating the criminal responsibility, the direct result of the problem is that this kind of cases belong to, at the same time, less about cases between each other to undertake the specific research and less, to in the judicial practice can effectively solve this kind of case, and need to the order of the trial of civil cases and criminal cases to proceed, then the previously part of the entry into force of the judgment on the case of the influence of discrimination.Through different views in the judicial practice of the people’s court in two cases, carding and the crossed case of civil and criminal trial mode, thus the trial of "first the punishment queen people" model was evaluated. At the same time, the author thinks that the separation of civil and criminal case processing in the form of more conducive to handle the case, because the separation of civil and criminal trial mode is conducive to reflect the civil cases of the independence, the trial of clear structure. Therefore, inquiry before the case force effect of the judgment of the case is particularly important, the entry into force of the decision points for the previous criminal cases effective judgments and previous civil case verdict. Firstly, it analyzes the in Anglo- American law system and continental law system countries in this regard practical operation method, and the Chinese should learn how to, how to combine the national conditions of our country carries on the discussion to determine the effective judgment effect. In the previous criminal judgment in this paper a step from guilty and acquitted two angles of foreign and domestic practices of analysis and discussion, so that our country in the former criminal cases a verdict of guilty, the case is forced through the; and the court because the defendant no acquittal behavior of the facts of the crime, still on after the case is hard; however, due to insufficient evidence to sentence the defendant innocent should not be identified the judgment on the case through force. In dealing with the effect of the previous civil judgment, and generally take the view is not to recognize the civil judgment of the universal force. However, the author believes that the plaintiff in the previous civil procedure is not successful, after the case is the parties filed a case of private prosecution, in the absence of new reasons, under the condition of new evidence, shall not identified in criminal private prosecution can determine the establishment of the defendant’s criminal facts, which is on before the case verdicts indirect general affirmation.