In recent years，"Crossing and People's Cross" (or "Crossing of Penalties") becomes a theory、Hot topics with both practice。The so -called "Criminal Crossing"，It refers to a case that involves both criminal legal relations and civil legal relations。It is worth noting that it is，"Crossing and People's Cross" although it also involves civil law，But compared with criminal law scholars，Civil and Commercial Law (hereinafter referred to as "Civil Law") scholars rarely speak out。The reason may be，In view of the long -term processing principles of "first punishment and the people" in practice, serious problems have occurred，Criminal Law and Studies need to "disorder anyway"。，Criminal law community is generally considered，In criminal trial，Civil law has the nature of the front law，The implementation of criminal law is largely subject to civil law，Therefore, the criminal law must "look forward and take care of"，Analyze the legal relationship between civil and commercial legal and criminal legal relationship。Different，Civil Law as adjustment of personal、Law of property relationship，Itself contains complete property belonging、Rules for changes and personal protection，The actor's criminal responsibility does not affect its civil liability，Therefore "only look forward to the front"，No need to consider how to evaluate the criminal law。

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Discuss "Crossing the People's Republic of China"

should be recognized，"Crossing and People's Cross" is not a rigorous legal concept，Because of the criminal law，The so -called "criminal cross" includes the facts of facts，It also includes specification issues，Discussing "the ancestors and post bet365 best casino games -punishment", "Penalty and Penalties", the essence of the problem、Suspect of the complexity of simple problems。Because of this，Thinking about the type of "criminal cross" case type treatment，I did not get a wide range of approvals。Even some scholars think，"Crossing the People's Republic of China" is a "pseudo -concept" that is inferior to the inferior "pseudo -concept"，The phenomenon of everyone referred to this is not the same，can only be used to characterize visual experience -instead of understanding。In this sense,，It seems that "criminal cross" is meaningless。But，The significance of the concept of legal concept is by no means self -reliance，Instead, the user "gives"，Therefore，Even the concept of "criminal cross" lacks determination of connotation，But if the user gives it a clear meaning，There is also the reasonableness of the existence，This is the context of the "criminal cross"。For this，The consensus of the academic world is，It should be discussed under the principle of unity of legal order。

Under the requirements of the unity of law order，The standard order of case handling cannot contradict each other，This principle is both the requirements of the standard system of specific departmental laws，It is a requirement for the order of regulatory order of different departments。But，Even in the context of a unified order of French order, discuss "criminal cross"，A problem with uncertainty。For example，Early German doctrine thinks，The basic requirement of the unity of law order is the unity of illegality，But to this day，People no longer demand the absolute unity of illegality between different governments，Instead, the relative nature of the unity of the law and order of the law is not conflicting。In terms of the relative nature of criminal violations，Differential differences in the academic world also exist in the academic bet365 live casino games world。，Is the relative nature of criminal illegality break through the unity of legal order，If the answer is negative，What is the unity of the unity of the so -called order order? This indicates，Under the context of the unified principle of French order，"Crossing the People's Republic of China" can not eliminate the uncertainties of its concept。As an agreed concept，"Crossing of Prisoners" is necessary to continue its mission of context screening，This is why this article uses dual quotes for rhetoric。

I think，"Crimination of Prisoners" as a descriptive concept，Facts under the perspective of the system、Standard context is more meaningful。The perspective of the system does not force the concept between the rules、Value consistent、Same，Instead, pursue harmony on the basis of respect、Unity of orderly and final purpose。Constitution、Civil Law Relations as Example，Although many scholars advocate that basic rights have a direct or indirect effect on civil rights，It is believed that civil rights are the concrete of basic rights，But in fact there are other even more likely systematic solutions: the personality dignity in the constitution is the concept of transcending empirical rights，Basic rights、Civil rights are in public law、Empirical at the level of private law、Rights; basic rights、Although civil rights are similar in concept (such as property rights、Personal rights, etc.)，But because of the difference between the main body of the opposite，illegality is naturally different，The two do not have consistency in value order。similar to it，Criminal Law、Although civil law serves the protection of people，But the two not only have a division of labor in the protection task，At the same time, due to the different attributes of public and private law, it is different in value order。There is a difference that is，Constitution as the fundamental law bet365 Play online games determines the basic politics within the scope of sovereignty、Economic order，Private Law therefore bear the specificization of the constitution -rather than the mission of specific rights，But criminal law and civil law belong to the department law，No specific problem of criminal law，The association of the two can be in facts、Division of specifications Get explanation。In this process，The position of "Crossing the People's Republic of China" can also be clearly clear。

　　In "Crimination of Prisoners"

Differential facts and specifications

Under the context of pure criminal law，Generally speaking, the facts refer to the facts of the case，Essential elements、Crime or desertation is a specification judgment，and the facts of the case are not pure objective facts，Instead, the facts that have been cut according to the composition，It already contains part of the specification judgment。Different，The facts in "Crossing and People's Cross" include the so -called facts of the criminal law and the fact that the facts that do not belong to the scope of criminal law.，The latter refers to the content of the equity (legal interest) of the premise of the evaluation of the criminal law，Standard evaluation of non -involved criminal law。Of course，Personal interests that have a dedicated attribute are easier to judge，Related disputes mainly focus on property rights and interests。As for behavior evaluation，Due to civil law、Criminal Law and Adjustment，Therefore, it has belonged to the category category of "criminal cross"。As far as position is concerned，The ownership of the equity of the facts of the "criminal cross" reflects the division of labor and cooperation of departmental law，Under the principle of unity of law order，It should be based on the regulations of civil law; due to the criminal law、The parallel in value order，The standard evaluation of "criminal cross" (essentially illegality) should be judged independently Bet365 lotto review by criminal law，No need to subject to civil law。Considering the differences in disciplines and the limitations of speaking，Still in response to the above position specific instructions。

On the one hand，Because property rights and interests are always changing，Therefore，How to judge equity ownership at the dynamic level of civil legal behavior is a problem，Typical situation is the debt accuracy involved in the third person。In civil law，property rights、Intellectual property is absolute right，Debt is relative right，Activity of infringement is adjusted by the infringement law，By defaulting shall bear the liability for breach of contract。If the third person fakes the creditor's right to receive the claims，and the debtor is not wrong，Then the debtor's settlement behavior is valid，It seems that the third person has "possess" claims，Creditors have to ask for a third party to bear responsibility。The question is，This constituent infringement or is it only "compensation"? If it belongs to the former，The third party infringes the property right of the creditors，and then it may also constitute theft in criminal law，But can creditor's rights become the object of infringement，Who is the victim? the author thinks，Seeing compensation says that only explains why the debt is eliminated，Ignoring the property attributes of claims，Lost bias。Actually，Absolute right、The distinction of relative power is relatively relative，Credit rights as relative rights also have the value domination of similar property rights，Credit rights to be allowed to be consent and not required for debtors as examples。As far as the creditor's right is concerned，It should be considered that the third person should be "possess" at the same time，It also infringed the dominant value of claims。As for the transfer of interests，Its logic is not complicated: creditor's rights are Bet365 app download first transferred from the debtor to the creditors，Then transfer to third person。Therefore，The victim is a creditor。This principle can explain the credit card stolen、QR code fraud and other cases。Because of this，The adjustment of the third party's malicious violation of the claims of the infringement law has been consensus on civil law。

On the other hand，Independent connotation of criminal illegal nature is also worth discovering，Typical example is illegal possession。In civil law，possession can be divided into direct and indirect possession，Direct possession can be divided into the right to possess and have no right to possess.，No right to possess is further divided into goodwill and malicious possessions，No illegal possession。In comparison, you can find it，The illegal possession of the criminal law is the malicious possession in civil law -knowing that there is no right to possess and still possess。But whether the possession of the criminal law stops to malicious possession，or what extent should illegal possession be refined? Take the crime of embezzlement as an example，illegal possession of "keeping others on behalf of others" is also malicious possession，But there is a significant difference between the secret theft (theft) that is also maliciously possessing: the formation of the former is related to the behavior of the victim，Whether the latter。Similar concepts also exist in civil law -possession of clients and possessives，Some legislative examples are limited to the scope of applications obtained by goodwill to the former，Therefore, the application of lost objects and stolen goods。But in criminal law，The proper nature of this type is questionable，There is also a victim factor due to the loss of things，The illegality of occupying lost objects is obviously not as good as theft，Adhering to the principle of modesty of the criminal law，It is Bet365 lotto review advisable to evaluate it as occupation。

A word to cover it，According to the author's opinion，"Crossing the People's Republic of China" should have the position: for the benefit of the facts of the facts，"Governance of the People's Republic of China"，Criminal Law uses or "subordinate" to civil law;，"Points and the people"，Both of them are called heroes，Well water does not commit river water。In terms of standardized evaluation，The two of the two in some concepts，Rather than reference or associate。

　(The author is a professor at the School of Law of Jilin University)