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Civil Law System With China's Criminal Practice Reflection

Posted on:2011-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ChenFull Text:PDF
Abstract/Summary:PDF Full Text Request
Incidental civil action is the use of criminal conviction and sentencing proceedings to resolve the issue of compensation for damage directly related to a special civil action. Its value mainly in efficiency of the proceedings, to facilitate the parties involved in litigation, reduce litigation costs. Criminal civil cases has been the practice of criminal trials in China are more difficult cases. The relevant provisions of Code of Criminal Procedure is too brief and general, has become increasingly difficult to cope with today's increasingly complex litigation situations, despite repeated Supreme Court judicial interpretation on this, but there is still a large number of contradictions and conflicts, theorists still disagree on many issues. During the trial practice, the different parts of the knowledge of the deal with questionable practices vary is utterly different.As a legal professional workers, for close consideration of trial practice, I chose the imperfections caused by the current system confused the perspective of the practice of criminal with civil litigation in the subject, scope and principles of compensation and the mediation and decision, the relationship between compensation and punishment are discussed. The text is divided into three parts. the first part is about civil action in the criminal with the main body of the review and grasp, Incidental civil action against the plaintiff, the scope of the defendant to be clear,and not in the case of damage caused by the common people's accountability, with civil traffic accident identify the subject of proceedings conducted on the explanation and put forward the following consequences of affray slightly injured parties may not file an incidental civil victims point of view. The second part of the Criminal and Civil Trial principle, limit the scope of compensation has suffered material losses or material damage suffered must establish a comprehensive compensation, fault liability, joint and several liability. Common virulence of mixed fault and the fault of the clear. The third part of the criminal with a good grasp of civil trials in the two relations should be emphasized that the transfer is transferred, when the sub-contractors, sub-tone combination is not determined to prevent a long tune, on the positive combination of the defendant liable for the damage case, advocates light punishment as appropriate, under the circumstances could be considered for probation. On these issues clearly, in order to build a more reasonable incidental civil action mechanism to achieve legal justice proceedings, efficiency and effectiveness of the value of the goal, to achieve full civil rights of victims of criminal remedies.
Keywords/Search Tags:Incidental civil action, The subject of proceedings, Scope of Compensation, Compensation and sentencing
PDF Full Text Request
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