Study On The Application Of Law In Cross Cases Of Criminals

With rapid economic and social development,rapid changes in social relations,and diversification of interest appeals between people,especially in the areas of financial borrowing and private lending,there are numerous criminal and civil cross-criminal cases that are caused by economic disputes and ultimately lead to criminal prosecution.,And such cases are prone to misjudgment,that is,the promotion of civil disputes as criminal cases or the reduction of criminal cases as civil disputes,and the application of procedures is also quite confusing,both for the parties and the judicial organs.Troubled.This article combines theory and practice to provide a reference for solving problems in criminal and civil cases in judicial practice.The introduction of the first chapter of the thesis mainly writes the concept,type,historical background,research significance and methods of criminal-civil intersecting cases.Pointing out that the criminal-civilian intersection is not a legal term but a legal phenomenon.This article traces the history of the development of law at home and abroad,and uses cases to draw out the crux of the criminal-civilian intersection case.The research in this article is helpful to clarify the boundary between crime and non-crime,prevent the abuse of judicial power,change the long-standing absolutistic thought of first punishment after the people,prevent excessive interference of public power on private power in judicial practice,and make judicial organs form similar cases.Uniform judicial jurisdiction and adjudication standards avoid different judgments in the same case and maintain the unity of legal order.Exploring a way to solve the problem of cross-criminal cases.At the same time,it is beneficial to guarantee the civil rights of the parties,return the right to choose the means of relief to the parties,break the stereotype of thinking,strengthen the perpetrator’s foresight of the legal consequences of his own actions,and ensure the normal order of economic transactions.Achieve the unification of legal benefits,social benefits and economic benefits.The second chapter mainly focuses on the substantive analysis of criminal and civil cases.The author separately elaborates the concepts,subject,object,subjective and objective elements of civil fraud and criminal fraud,as well as the differences and connections between the two.Discuss,distinguish and identify from the entity.Through the introduction of the Xiao Jun fraud case,the Liu Zhongzhi and Liu Jianbo contract fraud cases tried by the People’s Court of Liaoyuan City,Jilin Province,etc.,through the analysis of typical cases,the distinction is made from their characteristics,so as to clarify the substantive boundary between crime and non-crime.The third chapter mainly analyzes the three practices of the current judicial organs in handling criminal-civilian cases,and points out the legal principles and laws behind the three modes of handling criminal-civilian cross-criminal cases,namely,criminals and civilians,and criminals and civilians.Basis and its rationality and limitations.In terms of legal classification,criminal law is a public law,which involves the public interest of the society,and is at the national level;while civil law is a private law,which involves the interests of individuals or collectives.This involves the game between public law and private law.Demonstrate the pros and cons of the three models in different cases from the pros and cons.The fourth chapter is the recommendations for the application of the law in criminal and civil cases,which mainly include the principle of prudence and restraint in the criminal law that should be observed and in both cases,the "public opinion" must be respected while taking into account efficiency and fairness.Introduce the idea that the author agrees with civil priority in economic criminal-civil cases with unclear borders,unclear boundaries,and difficult to distinguish between criminals and civilians,but the scope of its application must be strictly limited,and it is limited to illegal possession due to legal technical restrictions.In the case of deliberately difficult to identify,there are more controversial and inconvenient economic criminal-civil intersecting cases.If the scope of application is blindly expanded,it will lead to the undesirable consequences of penalties in place of penalties and the use of money to buy penalties.At the same time,we should also realize that there is no one-size-fits-all solution to any difficult problem.What we have to do is to combine the advantages and disadvantages of the three models according to the nature,plot and social harm of the case,and to protect the legitimate rights and interests of the people at that time as the starting point and end point.To make choices,follow the criminal justice principles of innocence and presumption of innocence and basic civil principles such as "the civil subject is the best judge of their own interests" and respect for private autonomy,and protect the legitimate rights and interests of the parties to the maximum.