Font Size: a A A

The Civil Compensation Act Is A Problem That Must Be Studied In The Supplementary Civil Action In Criminal Proceeding

Posted on:2007-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2166360212956342Subject:Law
Abstract/Summary:PDF Full Text Request
As the safeguarding of the rights consciousness for protecting consciousness and the criminal victim of human rights is strengthened, criminal law is strengthening the protection of the party's legitimate rights and interests constantly. Some criminal offences have the civil properties that infringe, while offending against criminal law and because the criminal supplementary civil action in criminal proceedings can be tried to offending against criminal offence and damages caused by the criminal law in time, in an all-round way, and are getting more and more practice.This procedure facilitates finding out accurate the details of the case, asserts the fact objectively, justly, making criminal responsibility and civil liability a consideration to each other, heavy discipline play an important role for the accused, as well as better education to help prevent crime and inurn help the fights and interests that protect the victims of crime more efficiently. Under the undeveloped economic condition and existing legal system of our country, the criminal supplementary civil action in criminal proceedings will be in the victim's interests, achieving the goal of protecting human rights, thus saving judicial resources and an overall guarantee in time, improving the benefit value of lawsuit efficiency has a necessity at present. In this kind of lawsuit, for example ones that exist are applicable to the conflict of the criminal, civil law, in the range, compensation subject, identification standard of the principle of compensation and case, the shortcoming and the deficiency of jurisdiction, lawsuit prescription applicable law of compensation. Therefore one's own proposed elementary understanding, and the criminal completion with system of civil action should be put forward to improve the victim's protection system, including in the criminal supplementary civil action in which criminal proceedings, stipulate, ensure, compensate for supplementary measures that arise due to demand, The legal situation in which committed criminal people plot the measurement of penalty of the victim, improve the system of mediating. This Will compensate for the losses and combine with reprieving, giving reduction of sentence, conditional release together and set up the country and compensate the system, making criminal compensation for damage get overall, abundant through the execution of the criminal supplementary civil action in criminal proceedings better.
Keywords/Search Tags:The criminal supplementary civil action in criminal proceedings, victim protect, compensate
PDF Full Text Request
Related items