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Behind The Conflict Of Criminal And Civil Procedure

Posted on:2007-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:H Z XingFull Text:PDF
GTID:2166360185954239Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Based on involving of behavior,legal fact or law norm, the criminal and the civil procedure should involve inevitably.In cases involve both criminal and civil liability,it shows intense and adversary relationship between the criminal procedure and the civil procedure. The conflict of criminal and civil procedure is a important problem in theory and practice,we should take it seriously.The present paper consists of six parts. The main contents are presented as follows:Introduction"Take the conflict of criminal and civil procedure seriously".This part refers to importance and urgency of researching the conflict of criminal and civil procedure.Chapter 1"Intrudoction of the conflict of criminal and civil procedure".First, defining the concept of the conflict of criminal and civil procedure;Second, presenting four kinds of representative form about the conflict of criminal and civil procedure: conflicts of jurisdictional, conflicts of Res judicata, conflicts of execution, conflicts of limitation of action.Chapter 2"On the origin of the conflict of criminal and civil procedure".Presenting the historical and practical origin of the conflict of criminal and civil procedure. First origin is ancient chinese law cultural tradition of thinking highly of criminal law while belittle civil law.Second origin is the judicial convention that priority is to be given to criminal proceedings of a case involving civil proceedings.Chapter 3"An interpretation of the conflict of criminal and civil procedure". From the view of public right and private right, the conflict of criminal and civil procedure is the conflict of public right and private right in the fields of justice during the social conversion period in China.Chapter 4"Solution to the conflict of criminal and civil procedure". To seek balance between public right and private right behind the conflict of criminal and civil procedure is an important problem. It depends on the perfection of the legislation,judicial fairness,updating idea and constraction of system to solve the conflict of criminal and civil procedure.Conclusion"Pursuing procedure justice in balance between public right and private right". Finally the paper is summarized and this part shows that pursuing procedure justice is the fundamental way out of solving the conflict of criminal and civil procedure .
Keywords/Search Tags:The Conflict of Criminal and Civil Procedure, Priority Is To Be Given to Criminal Proceedings of a Case Involving Civil Proceedings, Public right, Private right, Procedure justice
PDF Full Text Request
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