Research On The Connection Between Criminal And Civil Cases

Criminal-civil intersecting cases refer to cases where there is a co-incidence or relationship between a civil case and a criminal case.Neither the individual civil procedure nor the criminal procedure can fully realize the rights of the parties,and in the course of the litigation,the result of the earlier litigation trial will be followed.Affected cases.The problems of procedural convergence in criminal-civilian cases mainly include two major issues,one is the order of procedural processing,and the other is the validity and scope of the effective judgment of the previous lawsuit.The issue of the order of procedural processing specifically includes:criminal and civil litigation,what are the problems in the practice of criminal and civil practice in practice,how to deal with the conflict between the criminal compensation procedure and the civil execution procedure during execution,and the illegal confiscation of criminal offenses.The issue of the validity and scope of the effective judgment of the preceding suit specifically refers to:the validity of the effective civil judgment in criminal proceedings,the scope of the specific part of the effective judgment of the preceding suit,and whether the effect of this kind of effect applies to the person outside the case,and the effect of the person outside the case.How should rights be protected?The reasons for the above problems are as follows:First,there are conflicts between multiple values,such as the conflicts between social legal interests and personal legal interests,efficiency and justice,judicial unity and judicial independence.The second is the imperfection of legal norms.The existing legal norms deal with issues such as the order of procedures,the issue of procedural competition at the execution stage,the effectiveness and scope of the preliminary effective judgment,whether it applies to people outside the case,and how to protect the rights of people outside the case.The regulations are not perfect.The third is that public power is superior to private power,the notion that the punishment is more serious than the people,the clearness of legal responsibility,and the criminal superiority of fact-finding have led to the unconditional adoption of punishment before the people in judicial practice.For the above problems,the following methods can be used to improve.Regarding the sequence of program processing,it needs to be judged according to the specific situation.For cases involving a wide range of areas and large social impacts,the method of criminalization before the people can be adopted;for general economic disputes suspected of economic crimes and cases involving small areas,if it is not necessary to adopt the method of first criminalization and then the people,the parties should be protected The right is important,and the "priority relationship" is used as the criterion for judging the order of procedural processing;for more special,highly professional,disputed rights,and unclear ownership of intellectual property criminal-civil intersecting cases,the method of first civil and criminal later can be adopted.When the criminal reimbursement procedure and the civil execution procedure coincide,the two procedures can coexist.In the case that both the criminal order refund procedure and the civil execution procedure can provide complete relief to the victim’s rights and the defendant’s property can compensate the victim’s loss,the party can choose one of the procedures.When the criminal order refund procedure is not sufficient to fully relieve the victim’s rights and the defendant’s property can compensate the victim’s loss,the civil execution procedure should continue.If the defendant’s property cannot fully compensate the victim’s loss,the procedure of criminal order for compensation shall take precedence over the procedure of civil execution.Regarding the validity of the effective judgment of the previous lawsuit,the reason why the effective judgment of the previous lawsuit can be directly applied in the subsequent lawsuit is that it has reached the proof standard of the latter lawsuit.Therefore,we should focus on the proof standard and analyze the specific circumstances.,There is no need to pre-determine the validity of the effective judgment.The applicable scope of the validity of the adjudication shall follow the“principle of necessary facts”and the“principle of determining facts”.In order to take into account the efficiency of litigation and judicial fairness,the effectiveness of the effective judgment of the pre-suit and the outsiders,in order to protect the procedural rights of the outsiders,they should be given the right to refute and overturn.