Procedural Protection Of Civil Rights And Interests Of Victims In Criminal-civil Cross Cases

The disputes about criminal-civil cross cases originate from judicial practice,and the choice of trial mode and the connection of litigation procedures are the focus of disputes in the procedural issues of such cases.Criminal victims in criminal-civil cross cases have the basis of civil claims and the right of civil litigation.Traditional adjudication views have established the principle of criminal first and civil rights based on criminal priority and public power.Under the mode of criminal trial before civil trial,the victim’s civil rights protection is obviously insufficient.In terms of procedures,it restricts the right to initiate litigation and hinders timely access to judicial power.At the same time,it restricts the right to claim damages,the vacancy of pre-litigation preservation,and criminal and civil enforcement.Conflict makes it impossible to fully realize the rights and interests.This article is based on the protection of the civil rights and interests of the victims in the criminal and civil cases,and suggests that the thinking orientation of criminal and civil parallelism should be clarified,and supplemented by the exploration of various cohesive measures to seek the feasibility of procedural protection of the rights and interests of the victims.This article is divided into four chapters.The first chapter briefly explains the concept and connotation of criminal-civil cross cases,and clarifies the connotation of criminal-civil intersection and criminal victims.Secondly,it introduces the existing theoretical controversies,mainly including the typified research with the legal fact standard theory and the legal relationship standard theory as the content and the specific research on the applicable conditions of the suspension of litigation.Then,it explains the three trial modes that exist in China from the perspectives of legal basis and pros and cons.Finally,it introduces the current difficulties in the trial of criminal-civil cross cases.There are conflicts in the application of criminal and civil procedures.At the same time,there are problems in the victims’ civil rights relief system with criminal procedures as the core.The second chapter comprehensively analyzes the plight of the protection of the rights and interests of the victims in the three aspects of the system design,procedural rights,and rights realization of the trial mode in the current trial mode.Regarding the system design of the trial mode,first,the judicial interpretations are inconsistent with the previous and subsequent expressions.The application methods of criminals and criminals first appear alternately.There are multiple expressions before and after the standard for case transfer or suspension of trials.This is the same as this.The inconsistency of the subject of similar judicial interpretation may be related.Second,influenced by traditional judicial concepts such as the priority of public power,and the real dilemma of "the same fact" lacking a unified standard,the practice in judicial practice and the tendency of judicial interpretation of criminals and citizens to be parallel show a certain deviation.In terms of procedural rights,the victim’s right to sue is restricted under the model of first punishment and then citizens,and the possibility of "using punishment to stop the people" violates the victim’s right to obtain civil judgments and compensation in a timely manner.In terms of the realization of rights and interests,the prohibition of the initiation of compensation for mental damage in an incidental civil lawsuit limits the legitimacy of the victim’s litigation request.The particularity of the criminal case handling procedure has caused substantial obstacles to the application of pre-litigation preservation and pre-execution.The conflict between criminal recovery and compensation and civil enforcement also needs to be resolved urgently.The third chapter focuses on the difference and value foundation of the criminal and civil systems,and proposes that the independence of criminal and civil judicial powers should be independent,so as to advocate the parallel between criminal and civil and non-interference.Secondly,it is proposed that when dealing with criminal-civilian cases,the thinking orientation of criminal-civilian parallelism and the principle of protecting the rights and interests of victims should be followed.The fourth chapter attempts to answer the existing problems,and propose concrete measures.On the one hand,to propose perfect measures for the litigation handling mechanism,first it is necessary to make it clear that the victim has the right to choose the procedure,and the party’s right of litigation should not be added to the restrictive provisions that are different from ordinary civil litigation;secondly,it is recommended to replace the typified analysis model with the prerequisite for the suspension of the trial.The determination of litigation requests in civil litigation needs to be based on criminal facts,and civil litigation needs to wait for the result of the criminal case in terms of evidence as the judgment standard for suspension of the trial.Finally,with regard to incidental civil litigation,it is proposed that the preservation system should be improved to the stage of criminal investigation,and the timely intervention of judicial assistance.On the other hand,it proposes perfect measures for the connection of litigation procedures,and calls for increasing the coordination of the three agencies of the public,procuratorate and law,and further coordination between criminal investigation and civil case filing,case review and transfer,and criminal execution and civil execution.