Font Size: a A A

Research On The Interaction Of Facts Identification In Criminal-civil Cross Cases

Posted on:2021-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhengFull Text:PDF
GTID:2416330647954245Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years,China's financial and commercial fields have developed rapidly,but the corresponding degree of rule of law has been seriously insufficient,and there is a clear shortage of institutional norms.Insufficient supervision and unclear borders on new financial formats such as private lending and other new financial technologies such as the Internet and artificial intelligence.In addition,the lack of tolerance for emerging issues is often dealt with through the form of policies and regulations,and excessive criminal involvement in civil and commercial affairs has led to more serious criminal-civilian cross-cutting cases.However,our country 's judicial operation mode and legal research have studied criminal and civil proceedings separately and independently according to departmental laws,that is,a dual separation pattern has emerged,and no cross-cutting issues have been developed yet.Reasonable and effective response system and academic analysis.This article focuses on the mutual recognition of facts in different procedures between criminal and civilian cases.I hope to deepen the theoretical research and further explore the methods and methods of practical regulation.The full text is divided into four parts.The first part is the analysis of legislation and practice of mutual recognition of facts between criminal and civilian cases.By analyzing the predicament in legislation,China's current legislation on mutual recognition regulations has also led to the expansion of the effectiveness of criminal judgments while the effectiveness of civil judgments has not been recognized.It also introduces the issue of the order of cross-trial between criminals and civilians,and separately introduces the three trial modes currently discussed in academic circles and the provisions in the latest legislationThe second part is the theoretical basis analysis of the pre-determination effect of mutual recognition of facts between criminal and civilian cases.First,it discusses the factual determination and the effectiveness of prejudgment in the judicial system,and discusses the theoretical basis of mutual recognition of facts.Secondly,it discusses the differences of the effectiveness of pre-determination,that is,the criminals have different views on facts,including different definitions of the same concept,different determinations of causality,and different judges' handling concepts.It also lists other factors that need to be considered in the mutual recognition of facts,such as the different parties' ability to provide evidence and different certification standards.Finally,it discusses the litigation risks that can be caused by mutual recognition of facts.When mutual recognition of facts may be abandoned due to excessive pursuit of litigation efficiency justice.The third part is the extraterritorial experience of mutual recognition of facts between criminal and civilian cases.Because of the rough legislation in China,the treatment in the judicial practice is ambiguous.Therefore,we have studied foreign laws to find experience in solving such problems from outside the territory.On the one hand,the United Kingdom,the United States,and Australia of the common law system are selected,and the rules of dispute exclusion under the principle of non-interaction of the common law system are analyzed.On the other hand,Germany,France,and Japan in the civil law system were selected.Through the study of the validity of the judgment under the principle of res judicata in the civil law system,the experience of the common law system and the civil law system was summarized,which was a mutual recognition of facts.Provide theoretical basis and experienceThe fourth part is legislative suggestions to improve the mutual recognition of facts between criminal and civilian cross cases.Through the foregoing discussion,the current status of China's legislation and judicature,as well as extra-territorial experience,are analyzed to arrive at perfect recommendations.It is mainly divided into three aspects:First,the effectiveness of pre-determination is defined as the legal basis of legislation.Give the criminal judgment pre-decision effect and civil judgment evidence effect.The second is multi-level identification and division of mutually recognized facts.The applicable conditions for realizing mutual recognition of facts were limited to two related cases,and the scope of the subject matter was extended to the parties who had participated in the pre-action judgment.Criminal judgments can produce pre-determined effects that are fully proven in guilty judgments and involve basic facts related to conviction and sentencing,while civil judgments that can produce evidence effects are fully proven and involve whether to bear civil liability and Affect the fact of heavy responsibility.At the same time,those that can produce the effect of pre-determination or evidence should be limited to the main body of the judgment,but if the basic facts in the grounds of the judgment will affect the outcome of the subsequent judgment,it should also be given certain effects.The third is the negative rule for mutual recognition of facts.If the parties in the civil lawsuit challenge the evidence,the standard of proof in the civil lawsuit that should be adopted to overturn the previous criminal judgment shall be the high probabilistic standard.In addition,more emphasis must be placed on the maintenance of civil and criminal independence Finally,negating civil judgments in criminal proceedings should also take appropriate forms to prevent conflicting judgments.
Keywords/Search Tags:Criminal-civil crossing, Mutual recognition of facts, Preliminary effect, Res judicata
PDF Full Text Request
Related items