论刑民交叉问题对策研究的创新思路——关于《论刑民交叉及其关涉问题》的后续性研究

The innovation thoughts on countermeasure research of overlap problem between the crime and the civilization——The proceeding research on "The overlap problem between the crime and the civilization as well as some correlative problems"

刑民交叉案件源于刑民交叉问题,其对策研究的理论创新之道在于运用新的研究方法、提出新的解决思路。从系统论(思维)立场看,刑民交叉案件(问题)对策研究的内容,应当包括宏观设定案件处置原则和类型化处置机制、疑案沟通协调机制、应急处置机制、规范修订机制等程序化处理机制,具体规定(规范)公安经侦的侦查启动程序、刑事拘留决定程序、侦查考核程序和侦查监督程序以及案件当事人救济程序等。

The overlapping cases between the crime and the civilization root in matters between the crime and the civilization. The innovation of research on countermeasure is to use new research measure and new idea to solve it. From the view of System Theory, research on the case （matters） of overlap between the crime and the civilization should include contents undermentioned. Macroscopically we should enact the principle of case disposal and mechanism of typical disposal, communication on doubtful cases, emergency disposal and regulations revision. Concretely we should stipulate the procedures of investigation starting, criminal detention decisions, examination ＆ supervision and relief of litigants on the investigation of economic crime.