Suspension And Continuation Of Civil Cases In Criminal-civil Cross Cases

With the development of the economy,there are more and more cases involving criminal crimes in civil cases.The number of cross-criminal-civil cases has increased year after year.In civil-cross-criminal cases,the suspension of civil cases has been misused and abused.The main reason is that China’s laws,regulations and judicial interpretations have relatively general provisions on criminal-civilian cross-cutting cases,and they have relatively vague provisions on the standards for the suspension of trials.Civil judges usually encounter such cases by mechanically dismissing the case.This approach will seriously affect judicial justice,may result in the victim ’s legal rights being unable to receive timely relief,and may also result in the victim having no property to implement when applying for execution;this practice of the official will also seriously affect judicial efficiency and lead to civil The trial time of the case was improperly delayed,affecting the effectiveness of property preservation in civil cases,and ultimately unable to protect the legitimate rights and interests of citizens,legal persons,etc.,and in particular had serious adverse consequences for private enterprises.The research idea of this article is to combine the basic concepts,cohesion procedures,trial order,influencing factors of suspension of trial and influencing factors of continuing trial in the background of criminal and civilian cross cases,and analyze the judges in criminal and civilian cross cases The difficulties faced in the application of suspension of trial in civil cases are further studied,and the reasons for these problems are further studied,and the harms of improper application of suspension oftrial are further analyzed,so as to give a reference factor for judging the application of suspension of the trial,and propose the Under what circumstances should a civil case be suspended,and under what circumstances should it continue to be handled?The main research result of this article is that this article proposes that when a criminal-civilian cross-case meets any of the following three situations,the civil case should be suspended.First,the civil case must be based on the outcome of the criminal case.Second,civil cases are influenced by the determination of the facts related to criminals.Third,the evidence in civil cases is insufficient to find out the facts related to criminals.However,when a criminal-civilian cross-case meets any of the The following three cases,the civil case should continue to be tried: First,the civil case can independently ascertain the facts of the case.Second,the legal facts associated with criminal cases are different.Third,the legal relationship associated with criminal cases is different.