An Empirical Study On Procedural Handling Of Civil And Criminal Cases

There are many interacting civil and criminal cases exist in judicial practice.Currently,except for cases involving economic crimes that are scattered in judicial interpretations and departmental rules,China has not established specific provisions on the rules for dealing with interacting civil and criminal cases.The identification of interacting civil and criminal cases and the choice of procedural processing modes are the common difficulties in the judicial practice,and the research on these issues is of practical significance.This paper selects 320 interacting civil and criminal cases as the object of empirical study,and makes an empirical study about interacting civil and criminal cases by means of data.The text of this article is divided into four parts,specifically as follows:The first part,the basic theory of interacting civil and criminal cases is outlined.Mainly from the concept of interacting civil and criminal cases,the characteristics of types and the modes of handling procedures and so on.The essence of interacting civil and criminal cases is that the same fact may be evaluated by civil and criminal law at the same time.There are three modes in the procedure of the interacting civil and criminal cases in foreign countries,i.e.,parallel mode,incidental mode,and mixed mode.While there are three modes in our country:"The criminal is prior the civil","The civil is prior to the criminal" and "The criminal is parallel to the civil".The second part is an empirical study on the procedural handling of interacting civil and criminal cases in our country.Based on 320 judgment on interacting civil and criminal cases from July 1,2016 to June 30,2020 as the research objects,identify the number,causes of action,hierarchical jurisdiction,choice of procedures,identification of the "same fact",transfer by the public security sectors or procurator sectors,and identification of the validity of contracts involved in both civil and criminal cases,and analyze the status quo according to the results of the empirical study.The third part,combined with the abovementioned empirical study and analysis of the status quo,analyze problems involving China's interacting civil and criminal cases,and reasons behind them.The main problems are:the boundaries among the separate acceptance,trial principles and the criminal proceedings are not clear;the relationship among the modes of "The criminal is prior the civil","The civil is prior to the criminal" and "The criminal is parallel to the civil" is not clearly defined;the technical standard of "same fact" is not clearly defined as well as the internal linkage and boundary of judicial organs is not clearly defined.As for the reasons of these problems,the author thinks there are two main reasons:First,the legislation on interacting civil and criminal cases is not perfect;Second,the influence of the traditional legal concept of putting more weight on criminal instead of civil.Only by sorting out the problems and their causes can we put forward effective reform suggestions.The fourth part,try to put forward the reform suggestions to our country's interacting civil and criminal cases procedure.First,we need to deal with interacting civil and criminal cases with the unified thinking of law and order;secondly,we need to improve the rules and procedures that handling mechanism of interacting civil and criminal cases.Only on the premises that the civil legal relationship and the criminal legal relationship are clarified,and the public security sectors,procurator sectors,and the people's courts perform their respective duties and cooperate with each other,can the procedural handling of interacting civil and criminal cases truly serves substantial economy and truly safeguard the legitimate rights and interests of the parties concerned.