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A Study On Judicatory Indemnity

Posted on:2005-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:S J HeFull Text:PDF
GTID:2156360125957518Subject:Law
Abstract/Summary:PDF Full Text Request
Judicatory indemnity is the important portion of state indemnity. Itmeans, if court encroaches on the people's right by judicature, court should pay for it. It is another important system for people to defend their right. Establishing Judicatory indemnity can not only enrich state indemnity, but also bring an valuable experience for the other states.Since The state indemnity put into effect about ten years, judicatory indemnity had a great improve in legislation and practice. But, for some reasons, Judicatory indemnity has a lot of shortcoming and weakness. So in this essay, based on the introducing of Judicatory indemnity, the author poses some constructive suggestion.The main content of this essay is the following:This essay can be divided into four parts. The first part, which introduces the basic knowledge of Judicatory indemnity, includes the concept of Judicatory indemnity, the characteristic of Judicatory indemnity, the sameness and difference of Judicatory indemnity and other state indemnity, the imputation principle of Judicatory indemnity, the constitutive requirements of Judicatory indemnity and the significance of Judicatory indemnity. The basic introduction of Judicatory indemnity is the base of further study on Judicatory indemnity, and also the base of this essay. The second part introduces the development of Judicatory indemnity. In this part, author expounds the development of judicatory indemnity of other country and ours, which is based on the enactment and enforcement of relative law. The third and the forth parts are the emphasis of this essay. First, in the third part, author analyses the deficiencies of our Judicatory indemnity objectively, such as the indefinite subject, imperfect procedure about the validation of illegality and cognizance. the absence of compulsion in sentence. So based on the third part, the author poses some constructive suggestion. For example, the superior court identify the illegality of inferior court. Judicatory indemnity should be charged by themiddle court, in which a judicatory indemnity office can be set up instead of a indemnity committee.Any law system should be checked in practice, so does judicatory indemnity. So. besides quoting the views of well-known scholars, author proves the objectivity and practicability of his opinion by judicatory practice. And it means this essay build it system on the junction of theory and practice. which is just the character of this essay.In a word, as a young system, judicatory indemnity needs to be checked further, needs new theory and supports. The author hopes that this essay can promote the academic circles to research judicatory indemnity further and accelerate the perfection of judicatory indemnity.
Keywords/Search Tags:Judicatory indemnity, State indemnity, Administrative indemnity, Criminal indemnity, Imputation principle
PDF Full Text Request
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