An Analysis Of The Effectiveness Of The Contracts In Criminal And Civilian Crossing Cases In China

In the process of dealing with the cases,we all view the legal and legal relationship between the criminal law norms and the civil law norms.But in some specific cases,we all see the intersection of the relationship between criminal law and civil law.The application of the evidence in the criminal trial procedure and the power of proof,as well as the validity of the contract involved when the parties to a civil contract are involved in a criminal offence,etc.In judicial practice,the cross between criminal and civilian issues is more manifested in the form of contract effectiveness.Because with the development of economy and society,in recent years,a large number of economic crimes such as contract fraud have appeared.The determination of the effectiveness of specific contracts involved in these cases,and the treatment of substantive issues such as the existence of a security contract as the liability of creditors and guarantors,without the relevant specific legal provisions to be relied upon,There are also great differences in traditional theories,such as invalidity,revocability and compromise,etc.The direct phenomenon in this case is the adjudication of contract between criminal and civilian cases in judicial practice At the same time,the legitimate rights and interests of the creditors of the contract are not well protected and the order of transaction is unstable.Based on the conflict and disconnection between the criminal law and the civil law in legislation and judicature,this paper puts forward some perfect suggestions to confirm the validity of the contract in the following two aspects.The first is to sort out the principle of confirming the validity of the contract involved in the case,further legislate it,and bring the principle of the confirmation at the macro level into the legislation.The second is to promote the legalization of the principle of cognizance,and to perfect the specific legal norms of the validity of the contract in the existing related cases of criminal and civilian crossover in our country.The second is to improve the efficiency of the determination of the validity of the contract in the judicial practice.First,the judicial organs can issue judicialexplanations to clarify the legal application of the validity of the contract determination in different types of criminal and civilian cross cases.At the same time,we can also improve the level of individual specialization of judges and strengthen the construction and perfection of the guiding case system and its corresponding supporting mechanism.Improve the protection of the legitimate rights and interests of bona fide rights and interests,save judicial resources,so as to improve the handling capacity of cross-criminal cases and contracts involved in the case.