Research On The Application Of Criminal Civil Cross Procedure

The cross of criminal and civil law is always the key and difficult problem in judicial practice,how to start the procedure of criminal and civil cross,both have their own characteristics,but also has a criminal procedure and civil procedure of the common how to effectively apply,directly determines the penal and civil cases can be concluded smoothly and effectively.Because the thought of the civil more important,resulting in "the criminal first of the civil" become applicable penal and civil cases procedure of judicial practice.With the development of economic and social changes,the traditional "the criminal first of the civil" in the judicial practice has exposed more and more drawbacks,jurists and legal workers are also aware of this,put forward "the civil fist of the criminal" or "the criminal and the civil in the parallel".On the basis of the analysis of the elements,the intersection of criminal law and civil law and civil law is different from the legal facts and legal elements of the civil law,and the cross range,difficulty and size are different.In this paper,the elements of the legal facts are divided,the criminal and civil cross divided into co opetition type of civil and criminal cross and implicated type of criminal cross.Through the method of analogy analysis,the author analyzes the advantages and disadvantages of the three methods of "the criminal first of the civil" or "the civil fist of the criminal"or "the criminal and the civil in the parallel ".Through the improvement of the system,the author puts forward the application mode of the criminal and civil cross procedure,and properly handles the procedure of the criminal and civil cross procedure,and properly handles the procedure of the criminal and civil cross case initiation.