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The Beginning Of Criminal Incidential Civil System Explores Our Country

Posted on:2011-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:J J ZhangFull Text:PDF
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Criminal proceedings incidental civil action is a special civil action with a special expressions, which aims to establish the efficiency of the proceedings, to reduce the parties' duty, to save judicial resources, at the same time manner to make up for the victim's losses suffered on the entity in a timely. In the civil law from criminal law to be separated to form an independent legal department of modern, it had a real sense.In today's world there are two models incidental civil action, that is, the United States and Japan for damages on behalf of the individual to bring a civil action to address the parallel mode of action and to France, Germany, represented the parties can bring a separate civil suit or bring a civil action which is choose by the party. Our Criminal proceedings incidental civil action is too brief and general lack of science and rationality, the practice of operational also is poor. It is conflicts with the modern justice, such as the "right to remain silent" and "never doubt the crime". But also separate civil law applies to the unity and the principle of mediation, the proceedings are not compact. In this paper, through a research and analysis on the basis of the nature and value of criminal proceedings incidental civil action introduction and integration in the world compared with two models of Civil Procedure, designed to explore in our criminal proceedings incidental civil action's development, and to give the parties right to start the process, to allow victims to bring compensation for moral damage, to build the decision system when the absence of one party, to limit the scope of the civil actions, to introduce the system of civil property and the preservation of advanced implementation, to apply the principle of full compensation, and so on. The wish is to bring benefits on the related judicial activities.
Keywords/Search Tags:Criminal proceedings incidental civil action, incidental civil action, Criminal action, civil action, the victim with civil victims of Civil Procedure
PDF Full Text Request
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