On The Settlement Of The Problem Of Misplaced Handling Of Intersecting Civil And Criminal Cases

Our country is still in the primary stage of socialism,the socialist market economy is in the stage of development and perfection,although the characteristics of the socialist legal system has been established,but the cultivation of moral integrity and it takes a long time.At present,because of the lack of good faith,contract disputes and contract fraud emerge in endlessly,and have become a very prominent problem in the current market economy of our country.In the process of resolving the contract dispute and the contract fraud in accordance with the law,the most difficult point existing in the current law of our country is the distinction between the two parties.The contract dispute belongs to the civil domain dispute,the contract swindle belongs to the crime category,therefore each law solution way is different.However,due to contract dispute and contract fraud in civil and criminal cross problems in judicial practice,there are a lot of criminal contract disputes or fraud civil contracts,unreasonable or even illegal phenomenon.The existence of these phenomena,the reason is the level of law enforcement and judicial organs and their staff,including the understanding of the law is not allowed,even dereliction of duty,favoritism and other problems,but is the source of legislation.The research on the cross between the contract dispute and the contract fraud,the people's punishment and the criminal law will enrich the theory of contract law,criminal law and procedural law of our country,and have a certain theoretical significance.This question research,will also be on the basis of theoretical research,provide theoretical support and experience in the amendment of the laws of the sun may reference;in the premise of established legislation,to provide appropriate and reasonable suggestions of judicial organs,which will have certain legal practical significance,the main contents of this research are as follows.The first part is the basic theory of dealing with the civil and criminal cases.Firstly,introduces the different theories of civil and criminal case processing in cross and corresponding analysis;secondly,the theory of positioning in the cross of civil and criminal cases on to distinguish between civil and criminal or civil and criminal cross concurrence problems,also should grasp the relative sense to solve the problem of dislocation of civil and criminal cases.The second part is the analysis of Xu's contract fraud.Through the description of the basic circumstances of Xu Mou's contract fraud,this paper analyzes the legal thinking and legal methods embodied in the process of judging the case,such as the application of the thought of "either the people or the people,or the people or the people.".Through such analysis methods,Xu Xu was suspected of contract fraud conclusion.FourThe third part introduces the form and result of cross violation of civil and criminal law.This chapter first introduces the concept of civil and criminal cross,and the intersection of civil and criminal law(concurrence).Secondly,describes the focus of civil and criminal cross patterns,such as "only covers the property theory style","only the audit theory",only the result of the type "and" strictly on the elements of style "and" easy to deal with the type of content such as "contract fraud disputes of state and type covers only capacity type","only to fulfill the behavior patterns","only involving type","only after the type of attitude" and other contents of the contract disputes of the type of fraud.Again,analysis of cross dislocation contract civil and criminal consequences,such as,serious violations of the interests of the parties;influence on the socialist judicial system;influence on socialist market economy;on the destruction of the socialist rule of law.The fourth part puts forward the suggestion of resolving the cross dislocation between people and punishment.First of all,to solve the civil and criminal cross dislocation theory and sort out and comment.Secondly,from the point of view of civil legislation and criminal legislation.Again,the judicial approach proposed governance of civil and criminal cross dislocation problems,such as focusing on policy research and application"," pay attention to the special problems of the system,establish the limited judicial ideas and punishment system at cross "and" the judge in related cases of discretion "," public security the relevant authorities to strengthen management of the countermeasures and suggestions "," people's Procuratorate to strengthen the relevant governance countermeasures and suggestions and suggestions.The fifth part is the conclusion,a summary of this research focus on the future development of this research,and the prospect of.