| Criminal civil cross case is not a new problem in practice,but until now,the substantive law and procedural law of our country have not made provisions for criminal civil cross case.However,there is no unified definition for the cross criminal and civil cases in the theoretical circle,which increases the difficulty of dealing with the cross criminal and civil cases in judicial practice.There are many problems in the practice of criminal civil cross cases.In the substantive law,there are some problems such as the judgment of the illegality of the case and the effectiveness of the civil act in the case.In the procedure,there are also some problems such as the confusion of the trial order and the insufficient protection of the civil rights and interests of the parties.This article only discusses the problem of cross criminal and civil cases from the perspective of procedural law.First of all,on the basis of sorting out the related concepts of criminal civil cross,this paper further clarifies the definition of criminal civil cross cases.This paper analyzes the theoretical basis of the occurrence of cross criminal and civil cases,mainly because of the fuzzy definition of criminal and civil cases in illegality and responsibility.Then it puts forward the definition of criminal civil cross cases in this paper,and divides them into three categories: one is transitional criminal civil cross cases;the other is competing criminal civil cross cases;the third is implicated criminal civil cross cases.Secondly,this paper combs the current situation of the trial sequence confusion and the conflict between judgments in the practice of cross criminal and civil cases.The main reason is that the law does not make clear provisions on cross criminal and civil cases,while the provisions on cross criminal and civil cases in judicial interpretation are scattered,which makes it difficult to operate in practice.In addition,by analyzing and comparing the treatment of cross criminal and civil cases in foreign countries,the author explores the reasons for the differences between France and Germany in the execution of incidental civil litigation,as well as the treatment ofcross criminal and civil cases in Britain and America,and puts forward the significance for China.Finally,this paper analyzes the feasible trial order of the cross criminal and civil cases.First,the trial order of first criminal and then civil,second,the trial order of first civil and then criminal,third,the trial order of concurrent criminal and civil.Each of the three trial orders has its own theoretical basis,but there are also shortcomings.Applying the same trial order to all types of cross criminal and civil cases can’t solve the dilemma of dealing with cross criminal and civil cases in the current judicial practice.Based on the comparison of the advantages and disadvantages of the three trial sequences,combined with the characteristics of different types of criminal civil cross,this paper puts forward the flexible application of three trial sequences to solve criminal civil cross cases. |
