The Effect Of Criminal Judgment On Civil Litigation In Civil-Criminal Cross Cases

At present,there are few monographs and literatures on the effect of criminal judgment on civil litigation from the perspective of civil-criminal cross cases.Scholars,experts and practitioners have expressed their views on basic concepts,existing systems,scope of effectiveness,etc.,but they have not formed consistent opinions.In this paper,taking Yang and Luo’s dispute over the right to health as an example,the effectiveness of criminal judgment in civil litigation in civil and criminal cases is studied.The introduction part mainly includes the background and significance of the topic,the research method,the research content and the research emphasis.The first chapter mainly combs the ins and outs of Yang and Luo’s health right dispute cases.In chapter two,the focus of the dispute is summarized as follows: whether the plaintiff has the right to civil action,whether the tort needs to be re-identified,whether the facts determined by the criminal judgment are valid for the litigants in the civil action;whether the evidence of criminal proceedings can be invoked in civil proceedings,how to choose the law to apply in civil proceedings,and whether the defendant should bear civil liability.At the same time,the focus of the above disputes is analyzed.The third chapter,the content is no longer limited to cases,from three perspectives,namely,the basic relationship of implicature,competition,conflict,restriction and transformation,RES judicata,indirect estoppel and evidential force,the criminal procedure has priority,the incompatibility of civil and criminal entity norms,the existing model and other rules,the inertia thinking of "punishment first",the procedure selection of "punishment first before people",the criminal incidental civil action,civil action and other judicial practices.The fourth chapter mainly puts forward countermeasures and suggestions,which take the unity of legal order as the premise,"punishment before people" as the necessity,the same behavior as the starting point,multiple thinking as the logic,and legal effect as the final destination as the prerequisite for clarifying the effectiveness of criminal adjudication in civil litigation.Then,it puts forward some concrete countermeasures to optimize the effectiveness of criminal adjudication in civil litigation: supplementing legal loopholes,coordinating judicial interpretation,and optimizing trial practice.