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Criminal With The Civil Action Number Of Issues

Posted on:2007-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:B F LiFull Text:PDF
GTID:2206360185971489Subject:Law
Abstract/Summary:PDF Full Text Request
Incidental civil to criminal procedure is an important system of criminal procedure.In recent years,its position and roles become more and more important together with increasing of trying cases of people's court.And it not only has different views in sphere of learning,but also considerable differences in understanding and doing in sphere of judicial practice because of simple legal provisions and judicial expanatory statue existing legal conflict.The author puts foword his own views in this essay,firstly analyzing character of incidental civil to criminal procedure,secondly raising measures concerning solving conflict of legal application,lastly analyzing sphere of application and principle of compensation of incidental civil to criminal according to adjudgment practice.This essay is composed of introduction,text and concluding remarks.The text consists of four parts,mainly as follows:The first part mainly discussed character of incidental civil to criminal procedure.The author holds that incidental civil is tort-procedure,though character of debt is compensation for damages.The second part mainly discusses application of law of incidental civil.That is to say, defendant bearing criminal liability should apply criminal law, defendant bearing civil liability should apply civil law and civil special law.The third part mainly discusses indemnification for loss of...
Keywords/Search Tags:incidental civil to criminal, ocedure characterap, plication of law, mental damage, principle of compensation
PDF Full Text Request
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