Study On The Realistic Dilemma And Practice Of The Trial Of Criminal Cases

Due to the extensiveness of social life and the complexity of social relations,the social relations adjusted by criminal law norms and civil legal norms are partially coincident or implicated.It is often the case that the same legal facts may be consistent with the constitutional elements of a criminal law and also comply with civil law.The constituent elements of behavior lead to the phenomenon that the perpetrator bears both criminal responsibility and civil liability,and the cross of criminals becomes an unavoidable problem in real life.The intersection of criminals and civilians is a kind of case with high frequency of occurrence in economic crime cases.It is also a typical case that is complicated and difficult to deal with in judicial practice.It often involves criminal and civil dual legal relations,which requires the cooperation of criminal and civil law..At present,the judicial application of criminal cases in China is not optimistic,and the mechanism of the procedure is not perfect.Based on the theoretical perspective to clarify the connotation and extension of the concept of criminals and the types of cases,this paper deeply explores and analyzes the criminal cases.The main problems encountered in the handling of judicial practice and the institutional reasons behind it,and put forward targeted recommendations,and hope to further improve the disposal procedures of criminal cases in China.In addition to the introduction and conclusion,this article is divided into four parts:In the first part,the main carefully clarification of the basic concepts and types of distinction between criminals and civilians,including interpreting the connotation of criminals and crosses,defining the extension of the intersection of criminals and the types of analysis,and the three forms of cross-criminal cases in judicial practice: transitional,Cooperative type and implicated type;The second part mainly combs the judicial status quo and dilemma of the cross-criminal cases of criminals and civilians,which shows that the procedure mechanism of the case is more confusing,the legality of the crimes involved is vague,and the measures for handling property involved are absent;The third part mainly analyzes the reasons for the dilemma of judicial application of criminal cases in criminal cases.There are conflicts between criminal law and other departmental laws,the idea of priority of power,and imperfect coordination of case handling mechanisms,such outstanding problems;In the fourth part,the main system elaborates the mechanism of further improving the disposition procedure of criminal cases between criminals and civilians in China,and clarifies the four principles of handling criminal cases of criminals(the principle of simultaneous treatment of criminals,the principle of coordination of judicial concepts,and the disposal of property)On the basis of the normative principle,it is proposed to adhere to the principle of legality of a crime and the criminal policy of combining leniency with strictness,establish the concept of the rule of law for equal protection of the non-public economy,optimize the trial mode of cross-economic criminal cases of criminals,the mechanism of handling the property involved in criminal cases and the handling systems between judicial departments and courts.Targeted countermeasures recommendations and solutions.