| It is reported that the incidence of homicide cases in China has decreased year by year,and the overall situation of public security is stable and orderly.However,civil to criminal cases still occur from time to time,and the accidental civil to criminal homicide cases still have a great negative impact on social order.Therefore,the author takes the civil to criminal case and its governance countermeasures as the focus of this paper.This paper takes the criminal judgments of 64 cases of civil to criminal in H city as the research sample,analyzes the current situation and characteristics of civil to criminal cases in H City,and then puts forward the Governance Countermeasures to prevent and control civil to criminal cases based on its internal unique characteristics and causes.The full text is divided into five parts:The first part is the basic overview of the case of civil to criminal.At present,there is no unified conclusion on the relevant concepts of civil to criminal in the legal circle.Therefore,in this part,this paper explains the relevant concepts and characteristics of the civil to criminal case,and defines its similarities and differences with similar concepts such as criminalization of civil disputes and transformed crime.The second part is the empirical investigation of the case of civil to criminal.In this part,the author searched 64 cases of "civil transfer to punishment" in H City in recent years on the Chinese judicial documents online,and then made an in-depth analysis of the 64 cases,trying to summarize the current situation of "civil transfer to punishment" cases in H city.The third part is the causes and prevention and control difficulties of the case of civil to criminal.Based on the empirical analysis of the previous part,the author first makes a theoretical interpretation of the causes of criminal psychological motivation,and then analyzes the causes of civil to criminal cases from three levels: "individual factors","victims’ own factors" and "negative social environment factors".Finally,the author discusses the difficulties in the prevention and control of civil to criminal cases.The fourth part is the experience of preventing and controlling civil to criminal cases at home and abroad.At present,the United States,the United Kingdom,Japan and other countries have more in-depth research on the prevention and control of civil to criminal cases,as well as China’s Zhejiang Zhuji,Jiangxi Nankang,Jiangsu Guangling and other regions have rich practical experience in the prevention and control of civil to criminal cases,and have put forward relatively perfect prevention and control countermeasures.Therefore,in this part,this paper compares and analyzes the prevention and control countermeasures at home and abroad,and tries to summarize the information of reference significance to our country,in order to provide constructive suggestions for the prevention and control of civil to criminal cases in our country.The fifth part is the Governance Countermeasures of China’s civil to criminal cases.Based on the particularity of the case itself,taking corresponding countermeasures can reduce the incidence of the case.Therefore,in this part,the author discusses the prevention and control of civil to criminal cases from three perspectives: preventing the occurrence of civil to criminal cases from the source,improving the early warning mechanism of civil to criminal cases,and promoting the timely and efficient resolution of contradictions and disputes. |