Research On The Type Of Cross And Litigation Procedure Of The Civil Law And Criminal Law

With the rapid development of society and economy,In judicial practice,criminal and civil cases are increasing,This involves not only the identification of the nature of the case,but also the handling of criminal and civil proceedings.That is to say,there are both substantive issues and procedural issues in cross criminal and civil cases.This paper attempts to start from the basic theory of criminal law and civil law,and then contact with the specific cases in judicial practice,through the combination of theory and practice,in order to better solve the substantive procedural problems in cross criminal and civil cases.It mainly includes the classification standard of criminal civil cross cases,the judgment of illegality of criminal civil cross cases and the application of criminal civil cross cases procedure.These three problems are closely linked,and there is an internal connection.First of all,only by classifying the criminal civil cross cases,can we make a preliminary judgment on the nature of each type of cases.Secondly,after the classification of cases,for the types of cases whose nature is still unclear,we need to further use the judgment theory of the illegality of the criminal and the people as the support.Under the premise of the unification of law and order,we use the mitigated monism of illegality to explore the specific nature of such cases.After passing the first two substantive issues,we can finally take different handling modes in judicial practice according to different types of cross criminal and civil cases.The thesis mainly includes the introduction and six parts.The introduction mainly introduces the significance of the research on the cross issue between the criminal and the people,as well as the current research status of the cross issue between the criminal and the people.The second part mainly studies the classification of cross cases between criminal and civil cases,and introduces the three existing classification standards,namely,the theoretical disputes based on legal relationship,legal responsibility and legal facts.Through the introduction and analysis of the advantages and disadvantages of the three kinds of division basis,this paper finally makes the proposition of supporting the legal facts as the division standard of criminal civil cross cases.And on the basis of the legal facts as the division standard,the paper studies and forms a set of specific classification standards of cross criminal and civil cases.The third part is mainly on the basis of the classification of criminal and civil cross cases,to explore the illegality judgment of the competing criminal and civil cross cases.This chapter mainly combs the disputes between the monism of illegality and the relativity of illegality,and compares the two theories under the background of adhering to the unity of law and order,and finally chooses the mitigated monism of illegality as the key to solve the nature identification of competing criminal civil cross cases,in order to provide theoretical basis for solving the justice of criminal civil cross cases.The fourth chapter is mainly on the basis of the above argumentation,to discuss the handling mode of cross criminal and civil cases in judicial practice,through the analysis of the principle of "first punishment" followed by civil cases,and then combined with the argumentation results of the above chapters,to decide to adopt the way of distinguishing the types of cases.According to the different types of cross cases between criminal and civil,we can use the procedure of "criminal first followed by civil","criminal first followed by civil" and "criminal civil parallel" flexibly.