| The concept of criminal cross cases is not specified in Chinese law,which mainly refers to cases in which the actor’s behavior leads to the involvement and concurrence of legal facts,which leads to the mutual involvement and concurrence of criminal legal relationship and legal responsibility.At present,the number of cross cases between criminals and civilians is increasing,and the relevant trial disputes frequently appear,mainly involving two reasons.On the one hand,China’s economic activities involve in criminal crimes more and more common,criminal cross cases involving complex and diverse legal relations,and the lack of relevant legal basis,resulting in frequent disputes in judicial practice.Punishment,on the other hand,people cross case exist procedural difficulties in practice,the guidance of the current judicial interpretation and the related cases for the circumstances under which ought to be "first the punishment queen people",or in what circumstances should punishment after the "ancients"and "punishment" parallel "attitude,lead to different applications in the process of practice for selection,procedural strife.This article through to apply different processing mode of punishment of people cross case case and applicable related legal norm analysis,points out that punishment people cross case in the current practice in the process of the predicament,and draw lessons from the practice of judicial documents related to analysis the reasons of the existence of dilemma,to crack the plight of the realistic path,puts forward relevant countermeasures.In addition to the introduction,the text is divided into four parts,about 32,000 words.The first part is the overview of criminal cross cases,mainly including the concept and types of criminal cross cases,and the procedural processing mode of criminal cross cases.In this paper,it is considered that criminal cross cases refer to cases in which the actor’s behavior leads to the involvement and concurrence of legal facts,which leads to the mutual involvement and concurrence of criminal legal relations and legal liabilities.According to the legal facts,the classification of criminal cross cases can be divided into implicated,concurrence and complicated criminal cross cases.According to the number of subjects,the involvement type is divided into single involvement type and multi-agent involvement type.According to the scope of coincidences of legal facts,the coincidences are divided into complete coincidences and partial coincidences.If the nature of the case is difficult to define,it will be classified as complex.In China,the procedural handling modes of criminal cross cases are divided into three types,which are "criminal before the people","criminal after the people" and "criminal parallel with the people".The second part studies the difficulties and problems existing in the application of criminal cross cases.The first is the conflict of case jurisdiction.If the same legal facts are respectively applied to the criminal and civil procedure,different determination results will be obtained.Secondly,there is the conflict of trial order.In practice,the application of the three treatment modes of punishment before the people,punishment after the people and punishment after the people is not unified,and there is the conflict of trial order in practice.Again,there is the conflict of program transformation.There are three kinds of conversion procedures that can be applied according to different legal norms when trying criminal cross cases,which are refusal of prosecution,continuance of trial and suspension of trial.Due to the inconsistency of legal norms,the application of the three conversion procedures is not uniform in practice.The subordinate is the conflict of the judgment result,because the court tries the cross case of the criminal on the basis of the different legal provisions or the different ideas of the trial,resulting in the practice of the same case with different judgments.Finally,there is the conflict of the remedy approach,which is mainly reflected in two aspects.First,the conflict of the disposition of property involved in the case,because the cross cases of economic disputes between criminals and civilians involve the disposition of property involved,which leads to the concurrence of criminal returns and compensations and civil execution.In practice,there exists the phenomenon of "substituting punishment for people".Second,the scope of compensation for the conflict,because of our country’s criminal and civil legal norms are different,the civil law provides for compensation for mental damage,but the criminal law does not support the compensation for mental damage,when the cross cases,because of the application of different procedures,the scope of compensation will be conflict.The third part studies the reason of the predicament in the process of applying the procedure of criminal cross cases in our country.The first reason is the orientation of the public right first theory.The most essential problem is the recognition of the theory of "public power first" in the theory of the rule of law in our country,which leads to the "criminal first",and the formation of the "criminal before the people" inertia case handling thinking.The second reason is the deviation of practice concept.In practice,when judges try criminal cross cases,they have the principled thinking of "punishment before the people" and the inertiathinking of avoiding risks.The third reason is that the application of legal norms is not uniform.In the process of dealing with criminal cross cases,the application of legal norms is not uniform,and the application standard of procedure made according to the law is not consistent,which directly leads to the different procedure modes applied in dealing with criminal cross cases.The fourth reason is that the coordination mechanism is not perfect.Due to the lack of the necessary coordination mechanism,the court is in a passive state,and there is also a lack of relevant coordination and communication within the court system,resulting in different trial practices.The fifth reason is that the supporting system is not perfect.Because our country’s criminal collateral civil action system has the tendency of "punishment before the people",and the relief scope is limited,it affects the treatment of cross cases.The fourth part studies the way to improve the mechanism of criminal cross cases.The first is to unify the judicial concept and establish the principle of equal protection of public power and private right,as well as fairness and efficiency.The second is to change the concept of trial,the "first punishment after the people" to the principle,to establish a systematic way of handling cases.Third,we should unify the legal norms,the substantive law and the procedural law,and guide relevant issues by formulating judicial interpretations.The fourth is to improve the applicable standards of procedures,respectively for the criminal before the people,the people after the criminal and criminal parallel unified applicable standards.Fifth,we should improve the procedure transformation and cohesion mechanism,improve the procedure transformation rules,improve the case coordination and cohesion mechanism,ensure the effective cohesion of procedures,and unify the practices in practice.The sixth is to improve the supporting system,through the establishment of a comprehensive trial system,improve the disposition of property involved,improve the criminal collateral civil litigation system,to the greatest extent to protect the rights and interests of the victims. |
