Research On The Application Of Criminal Civil Cross Case Procedure

In the cross-criminal case,the parties involved in the criminal and civil actions.The current legal norms and relevant judicial interpretations have not made detailed and detailed provisions on the application of the procedures of the cross cases of criminals,and there is confusion in the judicial practice when the law is applied to the cross cases of criminals.At present,the research on the cross cases of criminals can be mainly divided into two directions: entity and procedure,while the research on procedure mostly focuses on the exploration of the application mode of the cross cases of criminals,that is,the three application modes of the cross cases of criminals.To torture people cross other application problems in the case study of a lack of systematic and deep going,application is just torture people are faced with the problem before crossing into the trial stage,when the case entered the stage of trial,a prior criminal judgment the predetermination of effective,between criminal proceedings and civil procedure evidence of mutual recognition and execution phase execution problems such as conflict,is torture people crossing several problems in application.This paper mainly studies the procedural problems of criminal cross cases,combing and analyzing the typical problems one by one.In terms of framework logic,this paper is mainly divided into three parts:The first chapter aims at expatiating the basic theory of criminal cross case.The high cost of financing problems provides an efficient solution,the state of folk lending supervision is not enough and informal lending both sides of the rule consciousness lead to part of the folk lending funds for illegal behavior alienation,came when there are cross with the two typical cross torture people.Torture people cross case application aspect question discussion is vital for this kind of case in the judicial practice,carries on the theoretical and systematic in-depth study will help people cross to properly handle the case,to torture people at that time to provide timely and effective relief to the crossing,and then maintain unity and authority of the judicial referee.The second chapter focuses on the procedural problems of criminal cross cases.In judicial practice,there are many problems in the application of procedure in the cross cases of criminals.How to arrange the order of criminal procedure and civil procedure? Choosing different application modes of procedure may produce different litigation effects.When the criminal case is tried first,does the effective criminal judgment have the pre-determination effect on the later civil case? How should the scope of fact,the scope of subject and the scope of time of the effect of pre-determination be determined? In the course of litigation,how to recognize each other between criminal evidence and civil evidence? Will the assumption of different criminal responsibilities affect mutual recognition of evidence? How should criminal order return compensation and civil execution when conflict occurs to deal with?Must civil enforcement give way to criminal order?The third chapter summarizes the above problems and analyses,this series of problems are the problems that need to be addressed in the application of the procedure of the cross cases of criminals.However,in the current judicial practice,the inconsistent application mode of the selection procedure,the wantonly expansion of the scope of applicable penalty,and the excessive expansion of the pre-determination effect of criminal judgment have exerted a negative impact on the handling of the cross cases of criminals.The fourth chapter puts forward the corresponding solutions to the problems in the procedure of criminal cross cases.As for the procedure application mode of criminal cross cases,each mode has its rationality and necessity,but at the same time,it also has some limitations and defects.There is no conflict between criminal liability and civil liability,and it can not be applied to the mode of criminal first and civil second irrespective of circumstances.The scope of fact,the scope of subject and the scope of time of predetermination of criminal judgment should be limited to effectively curb the situation of infinite expansion of predetermination effect.The rule of mutual recognition of evidence in cross cases between criminals should be constructed to allow mutual recognition between evidence in criminal procedure and evidence in civil procedure,so as to improve litigation efficiency and save judicial resources.