Innovative masterpieces across disciplines- "Jurisprudence of Criminal and People's Related Cases" preface

□ Hu Yunteng

In the critical case of criminals, I thought it was a case that caused the behavior of criminal legal relationships and civil legal relations, caused both criminal legal consequences and civil legal consequences, and the perpetrators had to bear both criminal legal responsibilities and civil legal responsibilities. In practice, the criminal cross -case case is a case often encountered in law enforcement cases, and one of the most difficult cases. Some people even think that there is no one, and I feel the same. Looking back on the reform and opening up, for the increasing criminal cross -crop cases of punishment and people in fair and stable, the central political and legal organs have issued multiple judicial documents or judicial interpretations. Solving various problems encountered in law enforcement judicial practice.

As the author has seen, the reason why the criminal crosses have continued to increase, and the reason why related cases are difficult to deal with is mainly due to the reason for its formation: too complicated:

First, in the field of economic life, the rapidly developing market economy has prompted various types of business entities to liberate their minds. They are constantly creating new business forms and business models, and many innovative business activities themselves have no limits of punishment. The economic act of continuous innovation and development has become the fundamental reason for the high incidence of cross -disputes in civil and suspended disputes.

Second, in the field of laws and regulations, not only has the reality of imperfect legal provisions, but also the phenomenon of inconsistency or even conflict between legal provisions and between judicial interpretation. In order to occur, the law of compensation in accordance with the low amount of compensation in accordance with criminal proceedings and the high amount of compensation in accordance with civil litigation procedures is not unified.

Third, in the field of law enforcement and judicial, it is difficult for some cases to handle cases to grasp the difference between civil legal relationships and criminal legal relations, or mechanical law enforcement justice, so that cases that should be dealt with in accordance with civil disputes are transferred to the judicial organs in accordance with criminal criminal treatment, or on the contrary, they should be followed by according to criminal criminal crimes, or on the contrary, they should be followed by according to criminal criminal crimes, or on the contrary, they should be followed. Criminal criminal treatment cases were not transferred to the judicial organs, and they were punished by penalties. These illegal practices seriously interfered with the fair treatment of criminal crossing cases.

Fourth, in the field of law theory, the academic views of handling criminal cross -case cases are also quite different. For example, in the choice of litigation procedures, whether to adhere to criminal procedures or not give priority. In terms of the scope of evidence review, the determination of certification standards, the scope of compensation, and the determination of disputes, there are also obvious differences in the civil law and the criminal law community.

The problems existing in the above fields fully illustrate the handling of criminal cross -case cases, and the lack of basic consensus between legislation and justice, theory and practice. Therefore, effectively solving the problem of criminal crossing must form basic consensus first, and build corresponding institutions, mechanisms, procedures, etc. around the consensus to unify the law enforcement judicial concept and standard of case handling of criminals. The author believes that the consensus that needs to be formed is mainly:

First, we must adhere to the fundamental consensus consensus. Against the value pursuit and judgment standard of law enforcement cases, it is also the fundamental standard for measurement procedures and evidence rules for measuring criminal cross -case cases. The foundation of fairness is to protect the rights and interests of the parties equally, protect the rights of parties on equality, and equally support the parties to exercise litigation rights.

Second, we must adhere to the fact that the facts of the case are based on the objective consensus. Civil cases rely on the parties to provide evidence, and who claims and proof. If the evidence cannot be proof or the evidence cannot support its debate, it shall bear the liability of losses. This is the basic requirement of civil lawsuits, and it is also the fundamental difference from criminal lawsuits. Of course, when dealing with criminal cross -case cases, of course, respect and persistence. In practice, the parties to many cases can only give some evidence due to objective reasons. In this regard, the personnel handling staff should adhere to the concept of fair priority, investigate or entrust others to investigate in accordance with their duties, or return to the relevant case handling authorities to supplement the investigation, try their best to reveal the facts of the case, and make a judgment on the basis of the facts of the case or the original face.

Third, we must adhere to the efficiency consensus based on saving litigation resources and the cost of litigation of the parties. Many cases of criminal crossing cases are cases with large participants, huge amounts of cases, and major social impacts. The handling of such criminal people's cross -case case cannot be restricted by this principle. Take concentrated treatment, first punishment and then the people. Practice has proved that dealing with crowd -involved crowds of criminals, adhering to the way of punishment and the people, and handling the case, can not only reduce the lawsuit of the parties, but also save national judicial resources, but also achieve good case handling results.

Fourth, we must adhere to the value consensus on encouraging civil transactions and maintenance transactions. The market economy is the rule of law economy. To deal with the criminal crossing cases, we must not only adhere to the principle of humility of the criminal law, and do not easily take criminal cross -case cases as criminal cases, but also keep the bottom line of maintaining the security of transactions. If it is dealt with in accordance with criminal cases, insist on handling criminal cases.

Fifth, we must adhere to case orientation and case orientation. Study and solve the problem of criminal crossing, we must focus on related cases in economic and social life, and focus on how to turn criminal cross -case cases into cases of strict law enforcement and justice. Law enforcement judicial personnel can only be a reality if they are good at implementing laws and in good faith, good at handling good laws into good cases. In this sense, good law and good governance are not only "set" by the legislature and "run" by law enforcement judicial personnel. It is also the parties and other participants in the lawsuit. As long as each case can be handled fairly, giant ships carrying the rule of law can be smooth and stable. It is very exciting that in terms of theoretical and practical research on the problem of criminal crossing, more and more legal persons pay attention to this issue, and high -level research results are increasing. Among them, the prosecutor Cai Fuhua, deputy prosecutor of the Procuratorate of Putian City, Fujian Province, Fujian Province The new "Theory of the Criminal Cross Crime Case" is a masterpiece of the newly studying criminal cross -issue.

This book is the result of the process of processing, sorting and analyzing the cases of criminal cross -income cases that Fuhua Prosecutor's Criminals who have handled or paid attention to for many years. It is actually a masterpiece of legal theory research and judicial case research. From the aspects of the legal foundation, physical judgment and procedure operation of the criminal crossed case, he explained in turn. Taking jurisprudence as a logical foundation for physical judgment and program operation, and using physical judgment and program operation as a vivid practice of testing jurisprudence. In this way, it is clear and novel, and it is logical. Through the understanding and interpretation of the existing criminal law and civil law and its theory, he put forward new views and summarizes new rules in combination with his own case handling. In the rest of the matter, he also analyzed the problems of criminal law and the problem of inconsistency between the field of civil law and the departmental law, and stated that national governance should effectively promote the coordination of civil law, administrative law, and criminal law. What impressed me especially was that the Prosecutor Fuhua closely contacted the spirit of work, actual cases, and actual cases of cases. Deeply embedded in justice, guidance practice, and handling cases. From this, we can understand the experience of the first -tier judicial personnel in law enforcement, and a glimpse of the paths and methods of discovering problems, identifying the facts, and applicable laws. Fuhua Prosecutor's skilled case handling skills, rich judicial experience, and bold theoretical thinking make this book not only have a lively practical atmosphere and case atmosphere, but also a strong innovative and theoretical atmosphere. The cross -collaboration of law and case law, cross -criminal law and civil law, are intersecting and studying the cross -issue of criminal people and handling related cases.

Prosecutor Fuhua is a senior prosecutor who is engaged in civil administrative procuratorial business. He has also served as director of the China Business Law Research Association and vice chairman of the Provincial Civil Law Research Association. Procuratorate experience. As a senior prosecutor, of course, he also has rich experience in criminal judicial practice and the study of criminal law theory. He has been interested in summing up experience, thinking, thinking, legal research for decades, and achieved good results. I have always focused on the research results from the first -tier case handling personnel. I know the truth of practice, the experience of handling the case, and the dry goods at the grassroots level. The judges and prosecutors who fight on the front line of law enforcement cases are not easy to write an article in addition to the busy handling of the case. It is even more difficult to write a book. It is even more difficult to maintain and research interests in long -term thinking and research. However, the prosecutor of Fuhua is one of the difficulties. Based on the case of the case, it is based on the purpose of the case of the rule of law in accordance with the purpose of the rule of law. Of course, it should be supported and encouraged.

(The author is a second -level judge of the People's Republic of China and a former full -time member of the Judgment Committee of the Supreme People's Court. This article is deleted.)

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