Research On The Procedural Handling Mechanism Of Criminal Civil Cross Cases

Cross criminal and civil cases are a special kind of cases summarized from judicial practice.The procedural problems of cross criminal and civil cases are the key and difficult points in dealing with such cases.In judicial practice,there are many difficulties in dealing with cross criminal and civil cases.The main reason is that the current procedural processing mechanism is not perfect.In view of the procedural problems of cross criminal and civil cases,we must have a systematic discussion to explore the improvement of the procedural processing mechanism of cross criminal and civil cases in China.First of all,in order to form a common platform for discussion,we should sort out the theoretical disputes in the academic circles,make it clear that the essence of criminal civil cross cutting cases is the intersection of criminal and civil legal facts,and reveal its characteristics.Combined with judicial practice,criminal civil cross cutting cases are divided into legal fact competing cases,legal fact implicated cases and difficult cases.The discovery of civil issues related to the case in criminal proceedings,or the parties’ simultaneous criminal and civil proceedings on the criminal and civil parts of the case,mainly involves the selection of the trial order of the case.However,if criminal clues are found in civil proceedings,no matter what trial order is adopted later,criminal clues should be transferred first.This procedure is not only the pre procedure for dealing with most cross criminal and civil cases,but also an important procedure for filing and connection.Through normative analysis and interview investigation,it is found that the criminal clue transfer procedure has problems such as difficult to find criminal clues,unclear transfer time,vague transfer content,and lack of publicity and supervision in the transfer process.These problems should be solved by strengthening the substantive review of the case,clarifying the transfer time,accurately grasping the transfer content,and standardizing the transfer method.The determination of the trial sequence of criminal civil cross case is the core issue in the handling procedure of criminal civil cross case.By analyzing the current situation of the application of the trial order,it is found that there are difficulties in the application of "punishment before the people" in judicial practice,such as the principle of "punishment after the people",the "parallel punishment between the people" and "punishment after the people".The causes of these problems mainly lie in the poor effect of the promotion and amendment of judicial interpretation,the concept of "emphasizing punishment and neglecting the people" and the consciousness of judicial staff to avoid responsibility.The traditional typed processing mode can not solve these problems well,so we should use typed thinking to refine the provisions of the suspension of civil procedure law,and improve the trial sequence rules of criminal civil cross cases in our country.After determining the trial sequence of criminal civil cross cases,especially the trial sequence of "criminal before civil" or "civil before criminal",the procedural problem to be faced next is the effectiveness of the fact finding of effective judgment against subsequent litigation,which must be considered from two perspectives: one is the effectiveness of the fact finding of criminal judgment in civil litigation;The second is the effect of the fact finding of civil judgment in criminal proceedings.By comparing the institutional arrangements of foreign countries and combining with the judicial status quo of our country,it is found that the problems in the effectiveness of pre judgment in the cross criminal and civil cases in our country,and put forward a way to improve it.