Discussion On The Basic Path Of Judicial Disposal Of Criminal-civil Intersection Cases In China

How to deal with criminal-civil intersection cases have always been a hot issue in academic research,and criminal-civil intersection cases have frequently occurred in judicial practice.With the continuous prosperity of market transactions,contract fraud cases have increased year by year,and the intertwined cases of contract disputes and contract fraud have become one of the most complex and difficult criminal-civil intersection cases in judicial practice,which has great research value.The current academic research on criminal-civil intersection cases is mainly focused on procedures.Although substantive issues are involved,they are not systematic.However,the substantive issues of criminal-civil intersection cases are closely related to procedural issues.The substantive issues are reflected in the process of program selection,and the sequence of procedures can also be reduced to contradictions and conflicts in the entity.Therefore,this article takes contract fraud cases as an example,starting from two aspects of procedural selection and substantive issues,and devotes itself to empirical research on contract fraud criminal-civil intersection cases,and summarizes the principles and rules of judicial handling of these cases.Under the guidance of typified thinking,this article divides criminal-civilian cases into procedural and entity types.The procedural type is further divided into prerelationship and non-pre-requisite relations according to whether it has a prerequisite relationship.Then,through the analysis of case samples,it summarizes the problems in the legal identification and procedural selection of the criminal-civil intersection cases of contract fraud.This article believes that the trial mode of substantive criminalcivil intersection cases should be based on "criminal cases priority to civil cases",supplemented by "criminal cases parallel with civil cases";pre-determined criminalcivil cross cases directly determine the order of the trial procedures according to the specific prerequisite relationship;In non-prerequisite relational criminal-civil intersecting cases,the trial mode of " civil cases priority to criminal cases " or " criminal cases parallel with civil cases " is first considered.In addition,in legal recognition,attention should be paid to the adjustment role of the pre-regulation,and the supplementary function of guiding cases should be emphasized.