Abstract:In terms of the handling order in criminal & civil cases, whether it is “criminal before civil”, “criminal after civil” or “criminal and civil parallel”, it is an established procedure. To investigate the current judicial situation of criminal & civil cases, its handling procedure should be based on deeper-level factors. From the substantive level, there are some defects in the traditional standard of definition and classification. The typed procedural mechanism is just a kind of representation adaptation, and the definition and classification centered on the facts of the case is more appropriate. On this premise, the more appropriate way to deal with the conflict of criminal & civil cross-procedure should be the adherence to the principle of pre-relationship judgment as the main and interest protection judgment as the auxiliary. Priority should be given to judge whether there is a prepositional relationship. When it exists, “criminal before civil” or “criminal after civil” should be applied. When it does not exist, “criminal and civil parallel” should be applied. At the same time, taking the protection of interests as the auxiliary principle, we should focus on whether the application of the procedure judged according to the prepositional relationship has a greater adverse impact on the person or unit involved. If it is important to protect the interests, we should re-judge the application mode of the procedure. The implementation of the concept of order can also provide solutions to the more difficult procedural problems in criminal & civil cases, such as effective judgment of res judicata, the cross application of evidence, the handling of money and property involved in the case.
陶加培. 论刑民交叉案件的程序处理[J]. 浙江工商大学学报, 2022, 36(6): 149-160.
TAO Jiapei. On the Procedural Handling of Criminal & Civil Cases. Journal of Zhejing Gongshang University, 2022, 36(6): 149-160.