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On Reconstruction Of Models Of Resolving Criminal Civil Cases In China

Posted on:2012-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:S X LiFull Text:PDF
GTID:2166330338990651Subject:Procedural Law
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On models of handling Criminal-Civil Cases, divided by if procedures can be combined or not, there are model of incidental civil action and model of criminal-civil procedural divided. Our country has incidental civil action in criminal procedure. It has always been a controversial topic about system of incidental civil action on whether to maintain it and make it perfect or to abolish the system and let criminal and civil procedure divide. This paper starts from theory of legitimacy; analyzes the defects of system of incidental civil action and reveals the profound reasons of the deficiency of its legitimacy; bases on reviewing models of resolving criminal-civil cases and current situations in extraterritorial region, it obtains enlightenment that we should adopt model of criminal-civil procedural divided; followed by analyzing its necessity as well as feasibility in China, it put forward on solution and perfection to problems about resolving overlaps of criminal and civil liabilities, coordinating criminal and civil procedure hearings, perfecting legislation of victim protection.The paper mainly consists of four parts, the structure arranged as follows:Foreword: This part mainly explains the patterns of criminal-civil cases and its resolving models, and focuses on its core and meaning of study.ChapterⅠ: Consideration of the legitimacy of incidental civil action in China. This chapter first fixes on the evaluating criteria of the legitimacy of incidental civil action, then according to the four criteria, concludes that incidental civil action in our country lacks legitimacy; finally it makes introspection and reflection from historical, cultural as well as internal system causes,and obtains further conclusion that the system of incidental civil action can hardly be in accordance with the requirements of legitimacy.ChapterⅡ: Models of resolving criminal-civil cases in extraterritorial region and its enlightenment. This chapter first reviewing models of resolving criminal-civil cases and current situations in extraterritorial region, and then it makes a contrast between the two models as well as an analysis of their advantage and disadvantage, then obtains the idealistic mode of incidental civil action and the route selection of models of resolving criminal-civil cases in our country, and thereby we should choose model of criminal-civil procedural divided.ChapterⅢ: Analysis of necessity and feasibility of abolishing incidental civil action in China. This chapter focuses on revealing the necessity of abolishing incidental civil action as well as exploring the"native resources"and theoretical basis of adopting models of criminal-civil procedural divided in our country.ChapterⅣ: Construction of model of criminal-civil procedural divided in China. This chapter put forward the suggestions and fundamental ideas of constructing model of criminal-civil procedural divided in China, that is, in order to properly deal with the relation between criminal punishment and compensation, to protect the parties'maximum rights and interests as well as to realize due process of law, we should establish system of compensation for damage in criminal meaning, in certain condition, the criminal judge can find a compensation judgment when dealing with criminal-civil cases which need correct resolution of overlaps between criminal and civil liabilities; meanwhile, legislation also should make a consideration about convenience for the court to hear these cases, coordinating criminal and civil procedure hearings, making the perpetrators receive legal punishment they deserved and bear the corresponding legal responsibility; finally, legislation about criminal victim protection should be perfected, ensuring that the victim could get a reasonable and timely compensation.
Keywords/Search Tags:Criminal-Civil Cases, Incidental Civil Action, Model of Criminal-Civil Procedural Divided, Methodology of Procedural Law, Legitimacy, Criminal Reconciliation, Compensation
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