Research On The Trial Sequence Of Criminal-Civil Cross-Cases

Criminal-civil cross-case is a very practical case,and the research on the trial sequence has always been a hot topic.Up to now,China has not yet passed legislation to make principle provisions on the trial sequence of criminal-civil cross-case,only explained some situations in relevant legal norms.However,these legal norms not only have unclear meaning and limited scope,but also have chaos and conflicts with each other.In judicial practice,the procedural principle is "criminal before civil",but "criminal before civil" is gradually alienated into "criminal absorbing civil" and "civil stop at criminal",which does not meet the requirements of modern law.Therefore,it is necessary to perfect the trial sequence of criminal-civil cross-cases.Based on the above content,this article will use the following five parts to study the research,in order to provide some valuable reference: The first part gives an overview of criminal-civil cross-cases,focusing on the concept,types and trial modes.The second part summarizes the current situation in our country from the angles of legal norms and judicial practice.The third part,based on the second part,through the comparison of relevant judgments,shows problems in legal norms and judicial practice.The fourth part analyzes the factors influencing trial sequence from modesty of criminal,criminalcivilian-related thinking,litigation efficiency,protection of victims’ rights.The fifth part defines the perfect path,mainly including defining "parallel criminal and civil" as the basic principle,perfecting the legal provisions and standardizing the judicial practice.