Criminal-civil Cross-contract Validity

Criminal-civilian intersection originates from judicial practice,and has increasingly presented a diversified and complicated situation in the process of economic and social development.In judicial practice,the handling of such cases encounters many difficulties.Among them,the confirmation of the validity of the cross-contract between the criminal and civil involved is an important basis for the right holder to claim rights and interests,and it is also the most critical link in such cases.However,the current theoretical circles have different views on the effectiveness of criminal and civil cross-contracts.After searching for relevant precedents on the judgment documents network,the author saw that the judicial judgment results of various courts are also quite different.No matter in theory or practice,the research on the validity of criminal and civil cross-contracts has very important value.The author analyzes the basic theories and legal origins of criminal-civilian intersection,as well as the differences in judicial trials and the different viewpoints of the theoretical circles,summarizes the criteria that should be adhered to when judging the legal effect of criminal-civilian intersection contracts,and puts forward my own views.The author’s main view is that the legal effect of criminal-civil cross-contracts should be judged according to the standards of civil law and the actual situation.Criminal law and civil law have their own separate evaluations of things,and the two departmental laws have their own characteristics in value requirements.The author believes that when judging the effectiveness of criminal-civil cross-contracts,civil law judgments should not be replaced by criminal law judgments,and the two should be distinguished.The difference in value and effectiveness of the departmental law should be determined in accordance with the provisions and principles of the civil law.As for whether the provisions of the criminal law can affect the effectiveness of the contract,it should be determined in accordance with theoretical methods.This not only protects the rights and interests of the victims,but also meets the requirements.The provisions of the law.The body of this article is divided into three parts.The first part explains the basic jurisprudence of criminal-civil intersection,explaining the definition of criminal-civil intersection,the situation of intersection,and the principle of handling criminal-civilian intersection cases.Regarding what is criminal-civilian intersection,theoretically,different experts and scholars have different opinions.Criminal-civil intersection is actually not a very rigorous concept in law.The author conducts a comprehensive analysis from two aspects of judicial practice and theoretical research to explain the definition of criminal-civil intersection.Regarding the classification of criminal-civilian intersections,the author uses the criteria of whether criminal cases and civil cases are "the same fact" to divide them into two types: implicated type and competing type.There are usually three principles in the handling of cross-criminal cases: "criminal and civil","criminal and civil",and "criminal and civil in parallel".The second part introduces the status quo of the validity of criminal-civil cross-contracts in my country from the three aspects of law source,judicial practice and academic differences.How to judge the legal effect of civil contracts involved in criminal cases is very different in academic circles and social practice circles.In theory,there are basically three viewpoints in academic circles: the contract is invalid,the contract can be revoked,and the contract is valid.Since there is no special legal standard for determining the validity of criminal-civilian cross-contracts,there is a lack of unified judgment opinions in judicial practice,and the handling standards of such cases in the people’s courts of different regions are also very different.There are often contradictions in the specific application of,and even contradictions in the results of the referee.As the result of the determination of the validity of the contract has a significant impact on the rights and interests of the parties to the contract and the third party,whether the validity of the contract can be determined directly related to the rights and interests relief of the parties,so it is urgent to study this issue.In the third part,the author puts forward the principles and standards that should be followed to confirm the validity of the criminal-civil cross-contract,and analyzes the expected effect of the criminal-civil cross-contract,and puts forward the idea of determining the legal effect of the contract in the criminal-civil cross-contract.The judgment of the effectiveness of criminal-civilian cross-contracts should adhere to the principle of criminal modest and restraint,the principle of civil law autonomy,the principle of adequate and reasonable remedies for damage to rights and interests,and the principle of fairness and efficiency.The author believes that the criminal-civilian cross-contract is not necessarily invalid,and the confirmation of contract validity must be adjusted in accordance with private law and determined strictly in accordance with civil laws.As long as the conclusion,content and form of the contract are in compliance with civil laws and regulations,the contract is valid.If the civil contract signed by the party and the other party is deemed invalid because the party constitutes a crime,it will not be conducive to the protection of the rights and freedoms of individual citizens,and will actually cause public law to interfere with private law.To correct the effectiveness of the criminal-civil cross-contract,it is necessary to insist that civil trials are independent of criminal trials to protect the legal rights and interests of civil rights subjects,which has high operability and persuasive power both in theory and practice.Regardless of whether it is the determination of the validity of criminal and civil cross-contracts,or the handling of the entire civil case,it should be within the scope prescribed by the civil law.This is the basic criterion that should be adhered to when handling this type of case.