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The Study On China's Public Welfare System Of Incidental Civil Action

Posted on:2012-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:C Y MaFull Text:PDF
GTID:2166330332496901Subject:Law
Abstract/Summary:PDF Full Text Request
Our existing legislation and judicial practice, in cases of crimes against damage caused by disputes is incidental civil action taken by the basic system. Although the question of incidental civil action is a relatively marginal issue, very few theoretical study by the mainstream concern of the criminal proceedings, not hot but it has been the difficulties in judicial practice, particularly in public welfare Criminal Prosecution civil action, even highly specific for the main theorists and practitioners of judicial disputes. Causes of crime state, collective, and other public interests suffer incidental civil action brought by the prosecution whether the law, full and effective implementation of the mandate, whether in the legislative, judicial or legal theory, have been limited or even suspected, In this paper, the system of Civil Prosecution practice of starting the specific judicial practice of the system were investigated, the historical evolution of the system, the value of significance, for the issue, legislative and judicial improve other aspects were elaborated in order to its current judicial practice of specific guidance. This article includes four parts:Part one:Criminal Procedure Supplementary welfare historic considerations. First of all, introduced the system of public welfare incidental civil action arising from the status process and its operation; second, after the enactment of the law explained the causes of the operation, including legislative provisions are not perfect, felony widespread awareness of the public light judicial resources and equipment is not reasonable and lack of legislative and judicial provisions and so on.Part two:The value of public welfare of incidental civil action. Two levels:first, practical sense, such as to ensure national and public interests, to effectively resolve social conflicts, restore the damaged social relations is conducive to temper justice with the implementation of criminal policy, to avoid loss of state assets and so on. The second is the sense in the system is conducive to change in the way of criminal proceedings and the prosecution supervision means expansion.Part three:Civil Justice Criminal run nonprofit Analysis. In judicial practice, the main disadvantages of the following aspects:First, understand the law is inconsistent; Second, the imbalance in the implementation of judicial practice; third, no effect of the implementation of justice; Fourth, judicial enforcement of the controversial effects of these abuses have seriously affected the public welfare the smooth operation of incidental civil action.Part four:Civil Justice Criminal nonprofit operating mechanism improved. First, accurately determine the state, collective property of the range and scope of cases handled; second, to determine the conditions for prosecution, litigation and legal status of the main identity, and the third, on the applicability of mediation, if applicable counterclaim, whether the results of the protest and the supervision of the implementation of do so in detail.
Keywords/Search Tags:Procuratorial Organ, Public Welfare, Lawsuit
PDF Full Text Request
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