Research On The Cross-confirmation Of Decision Facts In Criminal-civil Cross Cases

The case of "cross between criminal and civilian" has always been the focus of legal theory and judicial practice.However the provisions on the interactive determination of the facts that have been decided in the intersection of criminal and civil cases are still very scarce and vague.In theory,the research on such cases is mostly explained from a single point of view,showing a situation of diverse views and different definitions;In practice,due to vague legal norms,judges have different qualities,to understand and apply different rules,the reasoning part of judgment is confused,and the phenomenon of different judgments in the same case emerges endlessly,which seriously damages the judicial authority.Therefore,we should according to the situation of legislation and judicature,refer to the practice of foreign regulations or rules applicable rules which accords with the situation of our country is put forward.Firstly,distinguish between criminal and civil proceedings,and emphasize that the interactive identification can only be carried out on the premise of the relevance of the case.Secondly,clarify the theoretical basis,define the theoretical basis of the effectiveness of the facts decided in criminal adjudication as the theory of pre-determination and the theory of proof effect,and the provision of the effectiveness of the facts decided in civil adjudication as the theory of proof effect;Thirdly,the subjective and objective scope that can take effect in the subsequent litigation is limited.The subjective scope of the two major litigation is moderately expanded to the third party who has an interest in the case.The objective scope of criminal litigation is limited to the necessary facts that determine criminal responsibility and affect conviction and sentencing,and the objective scope of civil litigation is limited to the basic facts that have been fully proved;Finally,we provide the supporting measures that are compatible with this rule,standardize the writing of judicial documents,and provide a complete remedy for outsiders,so that the rules can be effectively applied in practice.