Study On The Pattern Of Ancestors And Prisoners In The Cross-Case Of Economic Criminals

China's laws do not expressly stipulate the rules that should be applied to cross-criminal cases.However,in practice,such cases are dominated by "first-come-off-people",which leads to the "decisive punishment of the people" as a guiding principle.When encountering cases involving criminals and cross-classes,they are all dealt with by "first-come-off-people",which not only makes the legitimate rights and interests of the parties not effectively protected,but also undermines the authority of the law.Since there is no explicit provision in the law and the diversity and complexity of each case,the academic and practical circles cannot reach a consensus on the criminal case.This article will re-divide the cross-criminal cases of criminals and civilians,and analyze the irrationality of the "pre-criminal and post-crime" treatment model and the existing practical problems from the legal basis and the current typical judicial cases.This paper uses the method of comparative method to learn from the foreign processing mode,and tries to break the practice mode of "first sentence after the people",with the "first sentence after the people" as the main,"the ancestors after the punishment" and "the criminals in parallel" mode As an aid to the idea,and put forward the practical operation and practical application of the principle.This article adopts the research ideas from shallow to deep and gradually progressive,and analyzes the judicial problems of the case and conducts legal analysis.The full text is divided into three parts:The first part discusses the basic concepts,characteristics and types of criminalcases and the problems brought by the cross-criminal cases,and the current treatment mode of criminal cases.The academic circles have vague definitions of cross-criminal cases.The author believes that cross-criminal cases refer to different legal acts that the actor performs the same legal act or has implicature.This behavior also violates criminal legal norms and civil legal norms,and requires criminal compensation.Liability and civil liability,resulting in cases where criminal proceedings and civil proceedings intersect.The characteristics of such cases are mainly: the co-opetition of legal norms;the aggregation of legal responsibilities;the identity of legal subjects;the overlapping of legal obligations;and the conflict of litigation procedures.There are three views on the type of case type,one class says the second class and three types.The author agrees with the second class that the criminal case can be divided into: the cross-case of criminals caused by different legal facts and the same fact.Criminal and criminal cases.The problems brought by the cross-criminal cases are such as procedure processing,criminal judgment and civil judgment effectiveness,criminal recovery and good faith acquisition.In the judicial practice,the case of inter-criminal and inter-criminal cases is mainly based on the “ post-criminal name ” and the“first-in-command sentence” and “paralympic-parallel” model.The second part is the legal basis and the existing shortcomings of the "first sentence after the people" model.This part includes the following aspects: First,the academic and theoretical basis for the application of the "first sentence after the people" model to deal with criminal and criminal cases,the author of the relevant laws and theories put forward their own views,that the current law is still insufficient Where.The second is to analyze the status quo of the "first sentence after the people" model,to analyze the advantages of the model,and the problems in practice.The third part puts forward the specific application of the model of "first censure".The author first expounds the theoretical basis of the application of the "People's Prisoners" model,and then clarifies the cases that are applied to the "People's Prisoners" mode,which are divided into personal and property cases.Finally,an attempt was made to construct a system for the transfer and review of such cases from the perspective of legislation and judicial practice,provide relevant ideasfor solving such cross cases.