The Principle Of Substantive Identification And Procedural Handling Of Cross Criminal And Civil Cases

In practice,the identification of entities and the handling of procedures in cross-disciplinary cases have always been problems that judicial workers need to solve.The main reason is that in our country's relevant legal provisions,the legal provisions on cross-disciplinary cases are vague and not systematic.In order to study the cross-disciplinary cases better,we should have a profound understanding of the theory of the cross-disciplinary cases.In contemporary society,due to the development of social economy,criminal law and civil law gradually blend with each other and cross each other.However,in the history of Chinese law,criminal law and civil law have gone through a long period of time from the unification of various laws to the separation of criminal and civil law and then to the intersection of criminal and civil law.The current research situation of cross-disciplinary cases in China is mainly manifested in the fact that there are more researches in judicial practice than in theoretical circles,and more researches in procedures than in entities.Different scholars have different understandings and ideas on the definition of the cross-disciplinary case.Although they have different ideas,careful comparison can still show that each definition is based on the legal relationship or legal facts existing in the case.Therefore,the concept of the criminal-civil cross case can be summarized,that is,criminal legal facts and civil legal facts exist simultaneously in a certain case,and they influence each other,thus leading to the phenomenon that the criminal-civil two kinds of legal relations in this case are cross and implicated.The characteristics of the cross-issue between criminal and civil are mainly manifested in three aspects: the conflict of procedure application,the interweaving of criminal and civil law application,and the concurrence of criminal and civil responsibilities.There are three kinds of theories and two kinds of theories in the classification of criminal-civil cross-cases,but no matter which one,the "implicated" and "competing" two kinds of criminal-civil cross-cases are recognized.The current legislative situation of cross-disciplinary cases-in foreign countries,the common law countries mainly show that there is no correlation between the criminal procedure and the civil procedure,and they are independent of each other and do nothave any influence.The civil law countries mainly adopt incidental trial mode.According to the current legislation of our country,the ways to deal with such cases are mainly as follows: dismissing the prosecution,suspending the trial,not accepting the case,etc.In 2019,the Supreme People's Court of our country issued a new "working meeting minutes",in which the procedural handling of cross-disciplinary cases is stipulated.It is also pointed out that there are some problems in dealing with cross-disciplinary cases,including the serious tendency of applying the trial mode of first punishment and then people,the problem of crimes and non-crimes in cross-disciplinary cases,and the difficulty in determining whether criminal acts and civil disputes in cross-disciplinary cases belong to "the same fact".The substantive identification of cross-disciplinary cases is mainly discussed from three angles.In order to evaluate the substantive nature of cross-disciplinary cases,we should start with criminal law,because it belongs to the category of criminal law.The analysis of the substantive determination of cross-disciplinary cases mainly involves the distinction between crime and non-crime,which is directly related to the rights of the parties to the case,so the solution to this problem will be more important but more complicated.This article mainly analyzes and studies the boundary between the criminal and the people from the following aspects: insisting on the relevance of the criminal and the people's thinking,the principle of legally prescribed punishment for a specified crime,the principle of modesty of criminal law and the principle of unification of legal order.Then,by citing and analyzing typical cases in judicial practice,the author puts forward the principles to be followed in dealing with the cases of criminal and civil cross-border cases of pseudo-coincidence and real-coincidence.In judicial practice,it is necessary to adhere to the unity between the judgment made in form and the substantive judgment of the case to deal with the cross-border criminal-civil cases of pseudo-concurrence.The principle of unity of law and order should be adhered to in the trial of truly competing criminal and civil cases.Through the analysis of real cases in judicial practice,it can be seen that there are still problems in the procedural handling of cross-disciplinary cases.For example,when a judge discovers clues that the perpetrator of a case is suspected of committing a crimein the course of civil proceedings,the judges of the court will all follow the principle of "punishment before civil" and suspend the civil proceedings under trial.Is this correct?In judicial practice,the principle of "punishment before civil" is mainly applied to the procedure of cross-disciplinary cases.This article discusses the theoretical basis,advantages and disadvantages and applicable scope of the principle of "punishment before civil".It is also pointed out that it is difficult to solve all cross-disciplinary cases in practice by blindly applying the principle of "punishment before civil".In addition,it is necessary to establish a diversified mechanism for handling cross-disciplinary cases.