Research On The Coordination Of Criminal-civilian Cross-litigation Relationship

With China's economic and social development,there are more and more new things and new activities in the economy,accompanied by the increase of new civil and commercial cases and criminal cases.The blurring of the criminal-civil boundary of new things and new activities also leads to more and more criminal-civil cross cases.The coordination of criminal and civil cross litigation is directly related to the entity identification of criminal and civil cross litigation.Therefore,the author studied the coordination of criminal and civil cross litigation in China,focusing on the ideas,methods and legal application of the coordination of criminal and civil cross litigation.Firstly,the author combed and analyzed the provisions and practices of criminal and civil cross litigation coordination in China's judicial practice,and summed up the problems concluding that the mode of coordination of criminal civil cross litigation relationship in China's judicial practice has developed from the initial "unconditional civil after criminal " to the different types of "concurrence type" and "implicated type" based on whether the"legal facts" are the same or not,and then the mode of "conditional civil after criminal” or "concurrent criminal and civil" has been adopted,and then the mode of"civil after criminal" based on the "prerequisite" has been developed.The author analyzed the causes,advantages and disadvantages of the three modes of coordination."Unconditional civil after criminal" is due to the general recognition that criminal judgment is more reliable than civil judgment,the long-term subtle influence of relevant laws and regulations,the victim's right relief needs and other factors.Judicial personnel have formed a common practice of " civil after criminal",but the too absolute treatment mode also has obvious disadvantages,that is,the mode of"unconditional civil after criminal " is not in line with the concept of equal protection with public and private right,and it is easy to become a means for judicial personnel to evade responsibility and inaction,which is not conducive to the realization of litigation efficiency.Based on whether the legal facts are the same or not,we can distinguish the different types of "concurrence type" and "implicated type",and then adopt the mode of "conditional civil after criminal " or "concurrent criminal and civil",which has great advantages and practicability compared with "unconditional civil after criminal",but this mode also has an obvious disadvantage,that is,in the judgment of whether the legal facts are the same or not,it needs to be identified in combination with legal norms,and the identification standard is not clear,so it is difficult to judge and prone to deviation.For the requirement of the unity of law order,the mode of "civil after criminal" based on the premise of "prerequisite" is the best choice to solve the problem of coordination of criminal civil cross litigation.The author thinks that the methods of "civil after criminal" and "concurrent criminal and civil" are not all possible choices to coordinate the relationship between criminal and civil cross litigation.By discussing the factors that should be considered in the coordination of criminal and civil cross litigation,the author thinks that the method of "conditional criminal after civil" is also necessary and feasible.In order to ensure the legitimacy and practicality of the method of "criminal after civil",the author puts forward some suggestions that the legislature should refer to the provisions of the civil procedure law to provide for the suspension of the trial procedure of criminal cases.By changing the compulsory measures of criminal defendants and implementing the entry-exit reporting system,the problem of "extended custody" of the defendants can be solved,and by giving the parties the right to apply to the court for the evidence related to criminal cases initiated by the public prosecution organ to the court,the problem of different evidence in criminal and civil proceedings can be solved.