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On The Initiation Of The Civil Retrial Procedure When There Is A Contradiction Between The Fact Finding Of Criminal Cases And The Fact Finding Of Criminal Cases

Posted on:2020-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:X WuFull Text:PDF
GTID:2416330572494525Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
When the criminal and civil cases have been contested,the result may be that the facts of the same case are consistent with the constitutive elements of criminal acts and civil torts,and at the same time,causing the civil and criminal liability or the facts of criminal cases lead to the creation of civil liability.At this time,if the facts of the criminal case have a pre-requisite relationship or implicature relationship with the facts of the civil case,the facts of the case determined by the criminal lawsuit have caused a major embarrassment for the civil judgment-aggravating or reducing the civil burden of the parties to the trial,causing the outsider to suffer improper losses,etc.,the parties or the third parties can apply to the people's court for the initiation of the trial supervision procedure in accordance with the criminal documents.For a long time,the theoretical research on the case of civil and criminals' intersection has not received enough attention.Even if four relevant judicial interpretations have been issued,they are only the order for the trial of such cases.Lack of relevance to the factual relationship of the reasons for the trial order Legal provisions,it caused the review of the factual relationship of the case not to be paid attention to when the retrial was initiated,and the criminal document was used as the new evidence for initiating the retrial.This paper sorts out the judicial status quo of cross-trial criminals in the retrial,so as to distinguish the effectiveness of different criminal documents in retrial,and combines with the facts of the case and its relationship to the retrial to proposes the improvement of the procedure for retrial of criminal cases.In addition to the introduction and conclusion,the paper is divided into four parts.The first part is the analysis of the judicial status quo of the criminal litigant case because the result of the criminal and civil litigation on the facts of the case makes the civil judgment result a major error,which leads to the civil litigation party or the outsider applying to the court to start the trial supervision procedure.This part points out that the "facts" in the "same facts" in the legal provisions should be understood as "case facts",and the applicable conditions of "same" are not in conformity with the practice of criminal and civil cases.The facts of crosscriminal cases should include "The same case facts" and "different case facts".The initiation of retrial should distinguish the effectiveness of criminal documents such as criminal judgments,non-prosecution decisions and identification documents.Not every criminal document has the effect of initiating retrial,nor should it deviate from the factual relationship of the case to discuss the rights of the parties or even indiscriminately treat all criminal instruments as new evidence for retrial.The second part is about the theoretical analysis that the results of the cases identified in the criminal and civil proceedings are conflicting,the parties can initiate a civil trial supervision procedure based on the facts of the case recorded in the criminal document.In the civil lawsuit,the application for retrial in the case of factual issues most clearly reflects the pursuit of objective truth.In China,the judges can reach the legal truth,but still should not give up the pursuit of objective truth when he has sufficient evidence to find out the facts of the case.When a retrial is filed due to a factual issue,the criminal document can provide corresponding evidence to prove that there is a factual determination error in the original judgment,but this error should play an important role in the facts of the civil judgment,that is,it has a substantial impact on the facts of the legal requirements.The third is that the standard of proof of "excluding reasonable doubt" in criminal proceedings does not mean that the authenticity covered by the criminal documents is greater than the civil judgment.Under the respect of the civil trial power,the validity of the criminal lawsuit collection means that the parties and the court have reason to believe that the criminal document can be more authentic than the civil litigation in the context of the criminal and civil cases.The third part,based on the second part,put forward that criminal instruments can be used as retrials based on their respective effectiveness.The confirmed facts of the criminal judgment have the effect of pre-determination.In the retrial,in addition to having sufficient evidence to overturn the fact finding,it should generally be consistently determined;but the prejudgment in the civil retrial is only the conviction and the basic facts,which should not give all the criminal case facts a pre-determined effect,and the effectiveness of the pre-determination needs to be limited according to the retrial status of the retrial applicant in the original trial.Other criminal instruments are made by authoritative institutions in accordance with the relevant procedural rules and should also have corresponding evidence validity,but it is necessary to distinguish between different types of indictments,identification conclusions and other facts.The fourth part puts forward the perfect measures for dealing with the retrial of criminal and civil cases.In a word,in the case of criminal and civil intersection,a pre-requisite relationship and implicated relationship are the prerequisite for initiating retrial.Do not treat the criminal and civil intersection case from the point of view that criminal priority to the civil,even ignore the authority of the civil judgment.On the basis of analyzing the factual relationship of the case,combined with the respective characteristics of the facts recorded in the criminal documents,the paper proposes perfect suggestions for the reconsideration of criminal cases involving civil cases from three aspects: legal application,retrial review and legislation.
Keywords/Search Tags:criminal cases involving civil cases, case facts, civil judgments, criminal documents, preliminary effects
PDF Full Text Request
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