民刑交叉案件管辖冲突问题分析-analysis of jurisdiction conflicts in cross cases of civil and criminal law.docxVIP

AbstractIn recent years, the large number of crossed case of civil law and criminal law bring many problems for the judicial practice of China. To solve /jurisdiction/jurisdiction /exercise/exercise of the crossed case of civil law and criminal law is the purpose of this paper. The crossed case of civil law and criminal law is cross-cutting, correlating and interactional cases about civil case and criminal case. Its cause is competing the same between civil law and criminal law. The cross-jurisdictional of civil and criminal cases is the legal system of division and cross-jurisdiction, which is about placing the crossed case of civil law and criminal law on file among the police, the procuratorate and the court as well as the criminal court and civil court of the peoples court accept and hear the first instance of the crossed case of civil law and criminal law. The disposal model of the crossed case of civil law and criminal law abroad includes fringe-type and parallel-type. The disposal model of the crossed case of civil law and criminal law in our country is mainly fringe-type and parallel-type supplemented. a number of exercise of jurisdiction questions arise from this model in practice, leading these cases no cross-jurisdiction or to competing jurisdiction of each other.This article regards the jurisdiction exercise of the crossed case of civil law and criminal law should follow the principles of the jurisdiction coexistence, facilitating the litigation and respecting for the self-selection of parties. For the better solution for the exercise of jurisdiction of the crossed case of civil law and criminal law in practice, these cases should be firstly classified, and then the exercise of cases can be determined by the type; For the parties’ selection of fringe-type, the civil jurisdiction and the criminal jurisdiction should be combined into the exercise of a court; For dealing with the civil cases, the criminal case is the prerequisite for the outcome of treatmen