Research On The Choice Of Procedures For Criminal-civil Intersecting Cases

The cross issue between the criminal and the people has always been a hot issue in the theoretical and judicial fields,which is fresh and complex.Due to the rapid development of social economy in recent years,the number of cross criminal and civil cases in our country is growing rapidly and increasing year by year.However,there are no clear and unified provisions on the handling mode of cross criminal and civil cases in the relevant procedural law.Only a part of relevant judicial interpretations and judicial cases are not very perfect,and some even have contradictions and conflicts.In addition,the traditional heavy Due to the influence of the judicial concept of punishment over the people,the mode of "punishment before the people" has become a default judicial practice in dealing with cross criminal and civil cases in practice.However,this mode is not applicable to all types of cross criminal and civil cases.If the procedure is not properly applied in judicial practice,it is likely to cause secondary damage to the legitimate rights and interests of the victims,which will also highlight the existence of this mode Defects in other legal systems.Therefore,it is an unavoidable problem to reverse the traditional thought of emphasizing punishment but neglecting the people in ancient China for the procedure handling of cross cases between punishment and the people,and it is also of vital importance to strengthen and perfect the judicial practice for the procedure hearing of such cases.Based on the analysis of the overall development trend of cross criminal and civil cases in China's current judicial practice,this paper starts from the stage characteristics of the integration and separation of ancient criminal and civil cases,combines with the current relevant legislative provisions in China,classifies them according to the different legal facts in criminal and civil cases,and discusses with examples for different types of cross criminal and civil cases,and integrates them into China The specific practical cases in the current judicial practice of our country are compared and analyzed,and they are divided into competing criminal civil cross cases,implicated criminal civil cross cases and difficult complex criminal civil cross cases,as well as the corresponding different application types of different procedures,which are criminal before civil,criminal after civil and even criminal civil parallel.However,the current academic circles in China have a lot of disputes about these procedures.Therefore,we should learn from the handling methods of different countries outside the country for cross criminal and civil cases,learn from the beneficial experience of typical representative countries in the two legal systems,and use China as our main role to continuously improve the specific measures of cross criminal and civil cases in China.At present,there are many practical dilemmas in the process of dealing with cross criminal and civil cases in our country.For example,there are still no uniform and clear provisions in the current legal provisions of our country,and there are no uniform and clear legislative provisions in the substantive law and procedural law,so that such cases can only be solved through some judicial interpretation or other normative documents,which will be triggered in judicial practice Some procedures are disordered and abused.Therefore,we must integrate a series of effective legal suggestions according to the current practical difficulties.For example,we must formulate unified and clear relevant legal provisions,clarify the mechanism of procedure connection,explore the diversified processing mechanisms such as the punishment after the ancestors and the parallel punishment between the criminal and the people,and draw on the useful experience of foreign countries to give victims certain procedural choice rights and effectively protect the legitimate rights and interests of victims We should protect,actively improve the system of criminal incidental civil litigation,incorporate the compensation for mental damage into the criminal legislation as soon as possible,and establish and improve the national compensation system for criminal victims,so as to realize the organic balance of social public legal interests and personal private legal interests,improve the judicial credibility and legal authority,and build and maintain a good,harmonious and stable legal environment.