On The Litigation Of The Crossed Cases Of Criminal Law And Civil Law

China is in the transition period of social reform and economic restructuring.Various interest relationships are intertwined,and social activities and economic exchanges are becoming increasingly complex.In judicial practice,there are a large number of cases in which criminal legal relations and civil legal relations intersect and compete with each other due to the correlation of specific factual elements,and the difficulty of handling is also increased accordingly.The cross issue of criminal and civil law involves the dispute of the application of substantive law and the conflict of the application of procedural law.How to achieve a fair treatment of the cross case of criminal and civil law is a major issue that cannot be ignored in the current legal theory and judicial practice.At present,most of the research results are from the perspective of substantive law to solve the problem of the intersection of criminal and civil law,lacking the idea and perspective of standardizing and properly arranging from the procedural law,while judicial practice has presented different methods to deal with this problem.In this paper,comparative analysis,case analysis,historical analysis and other research methods are used to explore the problem handling mechanism of criminal and civil cross case litigation,with a view to clarifying the dispute on the handling of criminal and civil cross case litigation,and standardizing the rules of criminal and civil cross case litigation interaction.According to the writing logic of "basic theory-trial order-fact judgment-evidence application-preliminary effect",this paper studies the handling mechanism of civil and criminal cross cases in litigation.The article is composed of introduction,body and conclusion,of which the body mainly includes five parts.The introduction mainly puts forward the difficult problem of the handling mechanism of criminal and civil cross cases in litigation,reviews the existing literature,clarifies the research methods of this paper,clarifies the relevant basic concepts and explains the structural arrangement of this paper.The conclusion part mainly reviews and summarizes the research of this paper.The first chapter is the theoretical basis of civil and criminal cross case litigation.This part is mainly divided into three parts: the basic category of criminal and civil cross cases,the manifestation,function and value of criminal and civil cross cases in litigation.So far,there is no relatively unified definition of criminal civil cross cases in the theoretical and practical circles.The discussion context of this paper is limited to the procedural issues of criminal and civil cross cases,based on which the specific performance of criminal and civil cross cases in litigation is analyzed,and the function and value of criminal and civil cross litigation are expounded.The second chapter is the Trial Sequence of Criminal-civil Cross Cases.This chapter is dedicated to promoting the institutional construction of the trial sequence of criminal-civil cross cases.The main countries and regions in the world have adopted the principle of "parallel criminal and civil" and the exception of "criminal first,then civil" as the mode of determining the trial sequence for criminal and civil cases.China’s system and practice follow the principle of "criminal first,then civil" and "criminal instead of civil",with "criminal and civil parallel" as the exception to determine the trial sequence of criminal-civil cross cases.This violates the principle of procedural subjectivity in civil litigation law and the principle of priority of civil liability in civil law.It should promote the criminal-civil cross cases trial sequence towards the direction of "criminal-civil parallelism as the principle,criminal first and then civil as the exception".The parallel criminal-civil model should overcome the concept of civil litigation dependent on criminal litigation and establish a parallel trial model that truly respects the plaintiff’s right to choose the procedure in civil litigation.The third chapter is the factual determination of criminal-civil crossover cases.Facts are the basis of criminal-civil crossover cases,and the determination of facts is the primary task of criminal-civil crossover cases.The factual determination of criminal-civil crossover cases has obstacles in application,which is manifested in the conceptual understanding of criminal-civil judges,the thinking of case processing and the risky level of mutual recognition of facts.Behind the basic theory of fact determination,there are three views of fact determination: objective truth,legal truth and mock truth.Legal truth and objective truth is the whirlpool of the current debate,but because the criminal-civil cross-action breaks through the single factual dimension,it should be based on the factual discovery view of the proposed truth.In the basic path of criminal-civil cross-fact finding,screening their different legal relationship formation is its primary goal;secondly,the criminal fact analysis method and civil fact analysis method are the two main ways of fact finding;finally,the way of elementary facts should be used for the fact finding of criminal-civil cross-fact cases,distinguishing between criminal elementary facts and civil elementary facts,taking into account the treatment of indirect facts and auxiliary facts.The fourth chapter is the application of evidence in criminal and civil cross cases.This part mainly discusses the main rules of mutual application of evidence in different criminal and civil proceedings from the perspective of practice.Based on the effect of proof,when the criminal proceedings are tried first,the civil proceedings should recognize the evidence identified in the criminal proceedings,but the evidence in the criminal proceedings can also be formally reviewed or cross examined again according to the specific circumstances;For the non essential facts identified in criminal proceedings,civil proceedings should be reviewed and recognized again.Similarly,based on the effectiveness of proof,if the civil evidence has not reached the standard of proof for excluding reasonable doubt in the case of parallel trials or prior trials of civil litigation,the civil evidence capacity is absorbed into the facts that the civil judgment has proved.The civil judgment can be incorporated into the evidence system of criminal litigation as documentary evidence.After the criminal court provides evidence,cross examination and debate,it can also become the basis of criminal judgment.The fifth chapter is the preliminary effect of the cross criminal and civil cases.Under the control of the adjudicative effect,there are different disputes about the effect of the pre litigation on the post litigation in the criminal civil cross case litigation.Both res judicata and effectiveness of issues,as the basis of effectiveness of different lawsuits in the continental law system and the Anglo American law system,have not formed a system of self consistency in China.The preliminary effectiveness centered on the proof of facts should be the core of our system in dealing with cross criminal and civil cases.On the basis of reviewing the scope of the pre judgment effect of the cross criminal and civil cases in China and comparing the judicial effect model of the cross criminal and civil cases outside China,it is necessary to clarify the essence of the pre judgment effect of the cross criminal and civil cases,and accurately define the subjective and objective scope of the pre judgment effect of the cross criminal and civil cases.