On The Procedural Purpose Of Civil Criminal Cross Cases

For many years,the complex legal fact of the intersection of civil and criminal law,which contains dual legal relations and involves two kinds of legal responsibilities of civil and criminal law,has been the focus of theoretical research and the difficulty of judicial practice.On the one hand,although China has issued a series of judicial interpretations on the cross procedure of civil and criminal law since1985,these inconsistent and slightly careless provisions have actually exacerbated the different ways of judicial cases,and the situation of "different reasons in the same case" is more serious.At the same time,there is a judicial phenomenon of abuse of the principle of "punishment before the people";On the other hand,China has not yet formulated reasonable,unified,appropriate and effective norms on the procedure of the intersection of civil and criminal cases,and there is a lack of legal provisions on the trial order of civil and criminal cases.More importantly,the barriers caused by the separation and separation of China’s departmental law and departmental law are difficult to be substantially eliminated,resulting in conflicts in the procedural handling mechanism of civil and criminal cross cases.In theory,there are few research results of coordinating the procedure of civil and criminal cross cases with teleology.Therefore,at the legal level,this paper focuses on combing,screening and dividing the relevant categories as the basis of this paper,that is,the intersection of civil and criminal law,the origin,evolution and connotation of procedure and purpose,and establishes the height of the procedural mechanism and teleology of this paper.At the same time,by combing the basic problems of civil and criminal cases,analyzing the Judicial Dilemma of civil and criminal cases,interpreting and comparing the purpose of civil and criminal proceedings,we can get the procedural purpose of civil and criminal cases.The fundamental purpose is to ensure the unity of a country’s legal order,the direct purpose is to realize due process of law,and the indirect purpose is to pursue the balance of interests.According to the three litigation purposes,this paper puts forward the coordination ideas for procedural problems: first,establish a systematic and integrated solution path,which is deeply rooted in the organic coordination and unity within the overall legal order and legal norm system of a country,so as to overcome the judicial chaos in which each party has its own way;Second,solve procedural problems from the perspective of procedure,and improve corresponding laws and regulations for the purpose of realizing due legal procedure;Third,deal with the deep-seated problems behind the procedural conflict,clarify the deep-seated problems such as efficiency and fairness,protect human rights and maintain order,realize the balance of interests,and fundamentally solve the procedural conflict of civil and criminal cross cases.