Study On The Legal Prevention And Control Measures Of The Case Of "Civil Transfer To Criminal Law"

In recent years,the "civil-transferred" cases frequently occur in China,and the number is increasing rapidly.This phenomenon has brought serious consequences,on the one hand,the rights and interests of the parties have been greatly harmed,on the other hand,the smooth development of the whole society,And to a large extent,the credibility of the government and the judiciary caused damage.The phenomenon of "people’s transfer of punishment" is becoming more and more intense,which has become the focus of controversy in law circle.The main reasons are the weak consciousness of law,the lag of contradiction and the defect of judicial procedure.In view of the fact that the "civil transfer" case has a large impact on society,how to avoid the "civil transfer" case is one of the issues of common concern to the legal profession.The key point of this thesis is "civil transfer" and legal control.Therefore,it is necessary to clarify the above two concepts.The "civil transfer" is the abbreviation of "civil dispute into criminal case".This article argues that the "civil transfer" is the contradiction and dispute between the people.Not to be an effective solution,but can not find other effective solutions,to some extent will rely on violence to simple,rude to be resolved,thus causing the crime.It is easy to be confused with the formalization of civil disputes.The criminalization of civil disputes refers to the acts of the government intervening in the private sphere and civil activities by means of the public power owned by the government.There are obvious differences between the two in the nature of the name,the size of the malignant,the effect of the relationship between the two.In addition,the concept of "prevention and control of law"is a restriction on the content of this article,which is obviously different from the general sense of prevention and control.Legal prevention and control is one of the contents of prevention and control,,Moral,social prevention and control measures.The definition of these two concepts will help to grasp the focus and aspects of this writing,to prevent deviation from the theme.Secondly,the causes and the process of the"civil-transferred-criminal" cases are analyzed.The main reasons include two aspects:the subjective and the objective,the two are the subjective and objective,the other is the subjective and objective.,The process is the initial civil disputes,civil disputes,criminal motives,criminal cases occurred in four stages.This article puts forward the principle of legal prevention and control from the four aspects of national leading,diversified solution,local conditions and judicial final.On the basis of the existing experience abroad,this paper proposes perfecting the existing criminal reconciliation system,The establishment of specialized civil disputes special proceedings,improve the administrative adjudication mechanism.In addition,strengthening the judicial and law enforcement supervision,broaden the civil dispute solution,increase the intensity of vicious cases of punishment are effective prevention and control measures.