The Dilemma And Overcoming Of Crossing Of Criminal Cases And Civil Cases

In judicial practice,criminal cases are often overlapped with civil acts,which is involved in a lot of the nature of the case and the criminal responsibility,the division of civil liability issues,which both the physical problems and procedural problems.This paper attempts to combine the basic principles of criminal law and civil law,the basic theory of substantive law and procedural law,and the specific cases in judicial practice,and try to find out the way to solve the problem of criminal law.The article points out the key to the problem of judicial practice,that is,the three practical problems,one is the issue of illegal judgment on the legal issue of incrimination,The problem of civil action in legal issues,the third is to deal with the choice of mode.The three practical problems are interlocking,there are internal logical links,there is no reasonable theory of illegal judgments as a basis for the criminal and civil law of the two areas of law to determine the relationship between the law did not grasp the situation,the study of criminal cross The legal problem is the castle in the air.Only in the correct theory of illegal judgments under the support,that is,the perspective of the anti-illegal monism,can be involved in the specific responsibility of the responsibility of the people,can only from a macro perspective to study the specific case of the effectiveness of civil acts,Conflict of Responsibility.Finally,after solving the above two substantive law issues,the procedural issues have the initial conditions.The writing logic of this paper is the total score.The first chapter mainly combs the theory of the first cross-cutting legal issues,and perfects the traditional classification theory of criminal law,and then finds out the key and difficult to solve the problems in the current judicial practice analysis.The second chapter mainly deals with the illegality judgment in the criminal law of the criminals,introduces the traditional unqualified monism and the theory of the relativity of the law,points out their shortcomings,and puts forward that the unqualified uniqueness is the key to solve the legal problem of the cross-This paper analyzes the typical cross case of the crime of insurance fraud and the indisputable clause of insurance law in the criminal case of criminals.The third chapter analyzes the validity of the contract behavior in the criminal cases of the criminals.First of all,it is pointed out that the establishment of criminal responsibility can not be used to deny the effect of civil action.It should be divided into three steps.First,it is determined that the relationship between civil action and criminal offense is closely related,and then it is independent within the framework of civil law To determine the entry into force of the contract or not,and finally to determine whether there is conflict between the phenomenon of responsibility to maintain a unified law order.The fourth chapter is the analysis and choice of the mode of dealing with the criminal problem of criminals.The traditional "pre-sentence" or the "ancestral punishment" advocated by the academic circles have their advantages,but also have their shortcomings,and this deficiency is temporarily unable to Elimination,after drawing on the experience of the United States and Germany after the legislation,come to the different cases of "first sentence after the people" and "ancestral punishment" mode of flexible use is to solve the mode of dispute the way out.On the basis of the above argument,the fifth chapter summarizes the difficult way to solve the legal problem,first of all to determine the principle of solving such problems,in the traditional three principles on the basis of the establishment of "any person The second is the criminal responsibility and civil liability to determine the type of treatment,in the criminal law and mitigation of the unconventional monism of the perspective of criminal responsibility and should only be based on the provisions of our criminal law to confirm,Can not be compromised because of the conflict of civil law,civil action and civil liability should first be independent,and in the case of irreconcilable conflict with the criminal liability part should be denied the application of civil legal norms,which is the unity of law order Claim.Finally,the "first sentence after the death of people" and "ancestors after the" model of flexible application.