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Study On Criminal Of Incidental Civil Action

Posted on:2011-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:C T WangFull Text:PDF
GTID:2166360332456904Subject:Law
Abstract/Summary:PDF Full Text Request
Civil suit collateral to criminal proceedings is a certain procedural system for settling civil liability associated with criminal behavior while investigating criminal responsibility of defendant associated with civil liability of defendant and making up for losses of the victim due to criminal behavior, which is convenient for the victim to exercise the procedural rights and improve efficiency of judging. Since civil suit collateral to criminal proceedings system emerged, various disputes around it have never been interrupted in wake of various theories and doctrines, which are reflected in legal rules around the country in succession. In the thesis, mode of settling criminal compensation for damages at home and abroad is introduced, similarities and differences of civil suit collateral to criminal proceedings system in different countries are analyzed, pointing out several controversies about civil suit collateral to criminal proceedings in our country and conduct differentiation and analysis, putting forward advice for perfecting the system in our country from angle of protecting legitimate rights of the victim and the defendant. Thus, five parts are divided in the thesis:The first part is about summary of the civil suit collateral to criminal proceedings system. In the first place, started with its concept, several wordings about civil suit collateral to criminal proceedings in the theory circle at present are comparatively analyzed, and scientifically define connotation and extension of the civil suit collateral to criminal proceedings. Furthermore, similarities and differences between civil suit collateral to criminal proceedings, criminal action and civil action are compared and identify special point of the civil suit collateral to criminal proceedings, and then property and feature of it is expounded, finally its positive significance existing in our country is confirmed.The second part it about settling investigation of mode of compensation for criminal damages at home and abroad. In the first chapter, several modes of compensation for criminal damages in our country are introduced, theoretical principle and practical effect of settling mode compensation for damage in various countries are analyzed, and then different superiorities and drawbacks of mode for settling criminal system are pointed out. In the second chapter, related provisions of the civil suit collateral to criminal proceedings system in our country are taken as the blueprint, which reflects the legislative status quo of it in our country. The third part starts with subject of procedure formulated in the civil suit collateral to criminal proceedings system in our country, which introduces theoretical controversies of the prosecutor, defendant and the third party of the system, and then put forward proposal of the author.In the forth part, situation about scope of accepting cases and compensation in the penal system in our country is objectively introduced, controversial handling problem of illegal income in theory, material damage problem and compensation for spiritual damages problem is expounded so as to illustrated view points of the author. In the fifth part, legislative advice for perfecting the civil suit collateral to criminal proceedings system in our country is putted forward. Started with strengthening the civil suit collateral to criminal proceedings system in our country and taking safeguarding lawful rights and interests of the victim and the defendant as the principle, the author puts forward legislative advice to perfect the civil suit collateral to criminal proceedings system. The fist is to change legislative concept, safeguard rights and interests of the original defendant, and attach importance to handling the incidental civil part, settle relation between procedural economy and benefit and judicial fairness; the second is to perfect protection of rights and interests of the original defendant in light of procedural design; the third is to perfect systematic provision in aspect of applicable law, improve disunity between applicable law and civil law in the civil suit collateral to criminal proceedings so as to apply for legal unification and better safeguard legitimate right of the victim.
Keywords/Search Tags:Civil Suit Collateral to Criminal Proceedings, Right Protection, Criminal Action, Civil Action
PDF Full Text Request
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