The Trial Procedure Of Cross-criminal Cases

The identification of cases interacting criminal and civil law is a common problem in civil litigation.Due to the high incidence of private lending cases,the recognition and processing of cases interacting criminal and civil law are more practical.The key to ensuring a fair trial is to change the inertia of the criminal part of the priority trial case and to establish the applicable space for trial of criminal and civil part at the same time.This paper,under the current legal system,analyzes the order of the cases interacting criminal and civil law in the case of private lending cases.This paper is divided into four parts:The first part,the basic theory of cases interacting criminal and civil law.On the one hand,the definition of the concept of cases interacting criminal and civil law is defined.In my opinion,judging whether the case type belongs to the cases interacting criminal and civil law in the judicial practice should be analyzed from the perspective of progressiveness,analyze the legal relationship involved in the case on the basis of the existence of elements of legal facts,and then determine whether to repeat the criminal and civil liability.However,this is just a way of thinking rather than full satisfaction.On the other hand,the manifestations of cases interacting criminal and civil law can be divided into four main types: First,the case of the ordinary civil torts crossing criminal offense.Second,the case of civil default crossing criminal offense.Third,the case of unjustified enrichment crossing criminal offense.Fourth,the case of civil legal action crossing criminal offense.In the second part,analyzing the types of litigation modes in the intersecting cases.On the one hand,we discuss the ways in which other countries of dealing with the intersecting cases,and the experience of common law countries and civil law countries in dealing with such cases.In the case of Anglo-American law countries,it applies a separate litigation model.Criminal and civil procedures are independent and non-interference.Continental law countries,such as France,apply the method of litigation that comes with the criminal trial and give the client the right of choosing the program.On the other hand,this paper introduces the three kinds of trial modes of such cases.In the third part,summarizing the dilemma of the trial order of the crossing cases and analyzing the defects of the three modes.From the legal point of view,the way of handling the mainstream the civil part after the criminal part is based on the concept of "priority of public rights" while ignoring the protection of private rights.From a legislative perspective.At present,there is no special cross-procedural law and substantive law of such cases.The provisions relating to the application of the law for the cross-application of the law appear in other specialized judicial interpretations or in the approvals of different subjects.The subject of judicial interpretation or approval is different.This leads to the violation of the legislative spirit in the application of the intersecting procedure and even the conflict between laws and regulations.From the perspective of judicial practice,courts in different places apply different procedures in handling and hearing criminal cases involving civilians,will trigger judicial chaos.The defects of the three modes are analyzed.The fourth part,first of all,there are three essential points in determining the order of cases interacting criminal and civil law: the criminal law is not the best but the ultimate protection,the private law is mercy,and the public law is strict.Secondly,from special to general,adopting the method of induction in the perspective of private lending cases to solve the the trial order problem of cases interacting criminal and civil law.It is argued that in the case of civil loan disputes,people may be subjected to the execution of the people or the people in parallel according to different standards.In particular,when the criminal cases involving the crimes,the people involved in the crimes or the concurrence of the criminal cases are only the cross between the punishment and the legal facts.They shall not affect the identification of their respective responsibilities,and they should be executed in parallel.However,when the result of the criminal procedure is enough to affect the proceedings of the civil procedure and the judgment result is the basis for the distribution of the unexamined civil case liability,then the people are required to be executed first.Finally,in the trial of cases interacting criminal and civil law,the connection mechanism of the trial order should be handled well.It includes the transfer procedure of the case,the settlement mechanism of the settlement of the conflict between civil and criminal judgment,the connection between the criminal recovery and the civil execution.