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Civil And Criminal Cross-case Legal Issues

Posted on:2011-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2206330332476741Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Our country is being in the economic and social transformation, the citizens of personal property accumulated growing, in addition the deepening of reform and opening up and the rapid development of market economy, which involves civil rights disputes cases of civil disputes, and criminal cases of cross is also more and more. In such cases, civil disputes often appear to be a criminal or civil and criminal disputes as to the end in the judicial practice, how to solve the situation, judicature is being in dilemma. Our court the cross of the civil law and criminal law was "criminal action priority over civil action" pattern, undeniably, this pattern is worth affirmation on improving lawsuit efficiency and benefit. However, the above advantages does not mean that the system is reasonable. While the people praise this lawsuit pattern the economy and the efficiency, its existence's question has also caused dispute. "criminal action's priority over civil action" pattern is take the national rights as the premise. Along with the progress of rule of law, "criminal action's priority over civil action" pattern already could not adapt the modern judicature idea regarding the victim legitimate rights and interests safeguard request, also on the spirit of law of justice has damage. In view of the fact that present processes to the case crossing of the civil law and criminal law, in legislation insufficient consummation, in judicature also suitable confusion condition. This artical separately makes an analysis to the civil law and the criminal law relations from the Angle of substantive law and procedural law, and carries on inspected the domestic and foreign legislations and the judicial present situation in the case crossing of the civil law and criminal law. Finally, this article carries on the elaboration from the angle in the balance of the freedom and the order,the restraining criminal law, put forward "civil action's priority over criminal action" pattern, in order to achieve judicial justice and judicial reform, promote the study of theory and practice.Besides preface and the conclusion, this article altogether divides into five parts:The first part is the outline, this part first carries on the limits to its range of study, then makes a classification to its manifestation. The second part is carries on the elaboration to our country civil law and the criminal law relations from the historical perspective.The third part is the other countries'legislation present situation and legislative idea on the cross of the civil law and criminal law, and obtains many enlightenment in the disposal procedure.The fourth part is makes an elaboration to the civil law and the criminal law relations from substantive, namely this part mainly carries on the comparison from three aspects in the protection of the legal interest, legal liability, division of civil illegal and criminal offence, thus provides the angle of view for the pattern's choice.The fifth part is the procedural treatment, firstly introduces "criminal action's priority over civil action" pattern of history by our country for a long time, and then carries on the analysis to this pattern from the legal principle theory of law, at last carries on the elaboration from the angle in the balance of the freedom and the order,the restraining criminal law, draws the conclusion that our country should be adopted "civil action's priority over criminal action" pattern.
Keywords/Search Tags:The cross of the civil law and criminal law, Substance, Procedure, Criminal action's priority over civil action, Civil action's priority over criminal action
PDF Full Text Request
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