Research On Litigation Mode Of Cases Involving Criminal And Civil Issues

Generally speaking,civil cases and criminal cases are independent of each other and handled according to civil and criminal proceedings respectively.In recent years,with the rapid development of socialist market economy,civil and commercial disputes are increasingly frequent.At the same time,some civil and commercial disputes are suspected of economic crimes at the same time,while some civil and commercial disputes are implicated in economic crimes.There are more and more cross-crimes between criminal and civilian cases.Because of the particularity and complexity of the criminal and civilian cross cases,this makes the handling of the criminal people cross cases become a problem to the administration of justice from the beginning.A major problem for the organization.Under the influence of traditional legal thinking,such as "heavy punishment over people" and "emphasizing public rights over private rights",in the past judicial practice,the mode of first punishment and then people almost became the only choice to deal with the cross-criminal cases.With the gradual establishment and further development of the concept of human rights protection in our country,citizens' consciousness of private right protection is increasingly strong,and the handling of cross-criminal cases is paid more attention and attention.In this context,it is of great significance to systematically divide criminal cases and build a diversified procedural model.On the basis of drawing lessons from many theoretical research and judicial practice,this paper tries to redefine and divide the cross-criminal cases.At the same time,the author makes a relatively systematic summary and analysis on the choice of the litigation mode of various.In addition to the introduction,the main text of this article consists of about 32000 words,which are divided into the following three parts:The first part mainly discusses the concept and classification of criminal cases.First of all,around the definition of cross-criminal cases,on the basis of the review of the existing theoretical research results and interpretation of existing legal norms,this paper puts forward the definition of the concept of cross-criminal cases.At the same time,on the basis of the introduction and brief comment on the "dichotomy","three-point theory" and "four-point theory" of the existing theoretical research results,the classification of criminal and civilian cross cases is introduced and briefly reviewed.This paper argues that criminal cases should be divided into three types: the involvement of legal facts,the concurrence of legal facts and the difficulty of legal facts.The second part mainly introduces the existing litigation mode of criminal cases.There is no established mode in our country for the procedure of criminal and civil cross-disciplinary cases.However,according to the current legal provisions and judicial practice experience in our country,the litigation mode of cross-criminal cases should be summed up as the first sentence before the people.There are three kinds of punishment: the parallel punishment of the people and the later punishment of the ancestors.On this basis,this paper gives a detailed introduction to the three models from the aspects of concrete meaning,legal origin and theoretical basis.The third part mainly analyzes the choice of different types of criminal cases.This chapter suggests that the judicial organs should carry out the rule of law concept of balanced protection of rights and interests,balance the public interest and private interest,judicial justice and judicial efficiency and other procedural values when choosing the litigation mode of criminal-civil cross-case.On this basis,the author further clarifies the litigation mode of the three types of criminal and civil cross-cases,namely,the competing type of legal facts,the implicated type of legal facts and the doubtful type of legal facts.