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Perfecting The Victim's Right Of Action

Posted on:2009-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:H Q XiaFull Text:PDF
GTID:2166360245964162Subject:Litigation
Abstract/Summary:PDF Full Text Request
Freedom and equity which are demonstrated in the"right to civil litigation"are the ultimate goal being pursued by human beings. Based on brief accounting of the theory of"right to civil litigation", writer redefines the"right to civil litigation"and express the common property of"right of action". By analyzing the victim's right of action, writer expands the common property of"right to civil litigation"to criminal proceedings and open out the essential of safeguarding institution of"right of action"in it. With the line respecting the victim's right of action as well as the right of public processing, writer analyzes the confliction between them then concludes that they should respect each other.Writer puts forward a"quadrupole framework"to perfect the safeguarding institution of victim's"right of action"by introducing"perspective charge"institution. The"quadrupole framework"reflects the idea of punishing criminals and safeguarding human rights. The"perspective charge"institution could offer an way to resolving the confliction between the victim's right of action and the right of public processing.
Keywords/Search Tags:private right of action, right of public processing introducing, the"right to civil litigation"into criminal proceedings, perspective charge
PDF Full Text Request
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