Analysis On Legal Issues Of Criminal Case Crossing With Civil Case

The criminal case crossing with civil case which is resulting from the criminal and civil actions cross are very common in legal practice, in which the legal relationship is more complicated than simple criminal or civil cases, and it is more obvious especially in economic cases which is on suspicion of economic crimes.Practice of criminal case crossing with civil legal relationship is so complex and varied, but not clear and complete enough laws and judicial interpretations can be for a judicial trial, which caused the confusion of legal application, similar cases tend to have different, even opposite the verdict. Although the criminal and civil cross is in the edge of the criminal law and civil law theory, it has two aspects of practice and theory. Study on the legal problems in the criminal case crossing with civil case, the first is the urgent need for judicial practice. In this paper, through the analysis of the typical and controversial economic dispute cases involving economic crimes, summed up the focus of controversy of the criminal and civil cross case in the actual trial appeared in the process, the focus of controversy surrounding these launches the discussion, different views and ways to deal with these problems of combing theory and practice further, to clarify the legal issues concerning the criminal and civil cases in the focus of criminal and civil cross case handling mechanism, in order to benefit our country’s current the judicial practice.This thesis is divided into five chapters. The first chapter introduces the basic situation of the case and the focus of controversy. Through the introduction of the case and the focus of controversy is summarized, apply to the criminal and civil cases,mainly involved in economic crime cases of economic crime, common problems in judicial practice; the second chapter mainly studies the criminal and civil cross case handling mechanism, discussion on the application mechanism of trial procedure in criminal and civil cases; The third chapter mainly studies the legal effect of the civil action in the criminal and civil cases, focuses on the analysis of the economic disputecases involving economic crimes, when the criminal behavior and the contract behavior coincide, the validity of the contract; the fourth chapter mainly studies the influence of the criminal trial and the civil trial results, analyzed the impact of the charges and the facts of the criminal trial on the civil trial; the fifth part mainly research on the protection of civil rights and interests of victims in criminal and civil cases, by analyzing the current situation and difficulties of the protection of civil rights and interests of the victim in the criminal and civil cases, the proposal is put forward to construct the system of protecting the civil rights and interests of the victims in the criminal and civil cases.