Research On The Application Of Interdisciplinary Procedure Between Criminal And Civilian From The Perspective Of Judicial Practice

The issue of cross-ministering is derived from the judicial practice and is also a problem of legal theory.The issue of cross-cutting criminals is not only an old issue involving criminal law and civil law,but also a new issue involving criminal law and civil law.As an "old" issue,the criminal law and civil law will come into existence on the same day,and criminal law and civil law will merge from the law.To the separation of prisoners and criminals,the development of criminal law and civil law has shown signs of convergence.The development of the law itself is a process of overcoming old problems and bringing new problems.Due to the development of the market economy and the increasingly abundant economic activities,the edges of new economic crimes and economic disputes gradually blur,which brings new problems to judicial practitioners.This new issue and the need for legal theory give guidance.The issue of cross-minister punishment involves judicial practice and legal theory,substantive and procedural law of criminals,new issues and old issues.At present,the direction of legal research is mainly concentrated in the legal department.The research between the legal departments is lackluster.The problems encountered in the judicial practice will not be avoided because there are few problems between legal departments.It can be said that the issue of cross-ministers is a collection of questions.This article takes the case from the judicial practice as an entry point,draws out cases of torture and cross-cutting issues with detailed cases,sorts out historical issues of the issue of cross-ministers,crosses the history of 2,000 years of Chinese and foreign history,and grasps the historical context of the issue of cross-ministers.Addressing the problem of cross-names,from the perceptual to the rational,it clarifies the concept of many cross-subject issues,draws conclusions from this article,and teases out the characteristics of the criminal-civilian crossover case in the new era,namely,the co-opetition between public law and private law;Intersection with obligations;the universality of judicial practice and the conflict in the procedural procedure,combing to prepare for the following arguments.Then divide the types of criminal-civilian crossover cases and classify them from the perspective of academic theory and judicial practice.At the same time,we will sort out the procedural issues of how to deal with criminal cases in the judicial practice,and sum up three litigation schemes for the criminal and civilian cross-cutting cases,"first sentence after the people","inmates concurrently" and "princes sentenced".Narrate its concept and analyze its advantages and disadvantages.Finally,it analyzes the characteristics of criminal law and civil law from the perspective of jurisprudence,compares the rights and obligations of criminals,the subjectivity and objectivity of criminals,the closeness and openness of criminals,and the first and second of criminals.Sex;the substantial and formal nature of criminals;Punishment and correction of criminals.Based on this,we compare the crimes and wrongdoings,sort out the key points of the issue of the criminal-civilian crossover,consider the procedural issues of the criminal-civilian crossover cases,and categorize their applicable principles,and then study the in-depth theories of cross-ministerial issues.Laws,respectively put forward the top-level design and micro-operations to demonstrate the solution to the problem of cross-ministers.This article mainly uses the normative analysis method,consults the relevant laws and regulations and the monograph data,analyzes the concept and characteristics of the criminal-civilian crossover.Using the vertical research method,the author fully studied the history of criminal law and civil law and found the historical roots of the problem of the intersection of criminal and civil issues.The comparative study method was used to compare the criminal law with civil law,criminal procedure and civil procedure.Quantitative research method,this article has collected a large amount of data,compiled a chart to support the author's point of view.