Research On The Mode Of Dealing With The Cross Cases Of The Criminal And The Civil

Punishment law into and seemingly are independent of each other,the two distinct disciplines,but in the complicated judicial practice,criminal law and civil legal relations interweave in the same phenomena are a dime a dozen,in the case of the cases involved nature determination,punishment and responsibility division,application also has been plagued by problems such as the problems of judicial organs at all levels.Due to torture people crossing the legal relationship involved is complex,but not unified,complete,detailed legal norms for judge,lead to the confusion of the applicable law in practice,the same type of cases appear different processing mode and the mode of the referee.Therefore,it is of urgent practical significance to study the mode of the treatment of criminal cases.Based on a bank v.loan contract dispute case as the breakthrough point,in the case,a bank against the borrower repayment liability demands of its,the people's court that case involved borrowing criminal judgments into effect has been identified as actor zhang loan defraud crime,contract fraud crime,so the bank can claim their rights through criminal recover stolen money or goods.A civil action cannot be filed alone,and the final case is dismissed.In this case,how the Banks should claim their rights is very controversial in the theory and practice circles,so it is necessary to discuss the treatment mode of the criminal cases.The cases of the current practice of torture people cross pattern mainly has punishment queen people first,parallel torture people,ancestors to punishment three processing pattern,three models can be said to be the advantages and disadvantages with each other and have their specific scope.Based on China's special historical and cultural background and value orientation,first the punishment queen people processing pattern is widely used in practice,but due to its limitations on the scope,exposed the shortcomings in practice,lead to the criticism and questioned.This article through to three kinds of processing mode to analyze the pros and cons,flexibly apply all kinds of processing mode was introduced,and combined with outside the cases of torture people cross pattern,points out the punishment procedures applicable to the crossing of the sons and from formulate unified legal norm,perfect the punishment decision conflict processing mechanism,perfecting the system of civil suit collateral to criminal proceedings,the straightening out punishment people cross case filing cohesive devices,and other aspects are proposed.