Font Size: a A A

To Perfect The Protection For The Rights Of Victims In Criminal And Attached Civil Lawsuits

Posted on:2010-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:Z S LiFull Text:PDF
GTID:2166360275995561Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal and Attached Civil Lawsuits refers to the process in criminal proceedings, the judiciary in resolving the defendant of criminal responsibility at the same time, with resolve by the victim or the People's Procuratorate filed because the defendant's criminal conduct, such as civil liability for damages and litigation activities . Before and after the amendment of the Criminal Code of Criminal Procedure are attached to a civil action to establish a system, which provides that an act not only damage the public interest community and the individual interests of the damage, it will also apply to criminal and civil litigation, criminal responsibility of the accused will be held with the Civil Liability be dealt with jointly. Civil criminal side of the efficiency of the proceedings to protect the safety of the public and private property has some positive significance. However, due to China's criminal law, civil litigation incidental to the overall lack of scientific structure and the provisions of careful design, "the Code of Criminal Procedure" and related judicial interpretations of the criminal side of the relevant provisions of civil and too general, so exposed in judicial practice of a number of problems. Based on the theory of defects, as well as the judicial practice of abuses, the academic side of criminal civil system has been put forward a number of criticisms. These criticisms and doubts about the rational for the re-attached to China's criminal system is a civil action with driving. But I believe that from the perspective of the protection of the rights of victims of the system analysis will be more far-reaching significance. This article from the civil side of our system of criminal proceedings of the main scope of the main scope of compensation, compensation scope, procedures and other issues that can not be selective to proceed, noting that under the criminal side of our civil rights in the protection of victims of the limitations of Based on the criminal side of the envisaged reform of the system of Civil Procedure so that it can adapt to the constantly changing social status quo, more in line with the modern concept of the rule of law in maintaining social stability and building a harmonious society to play a greater role.
Keywords/Search Tags:Criminal and Attached Civil Lawsuits, the Offended, Protection of Rights
PDF Full Text Request
Related items