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Criminal Incidental Reflection And Improvement Of The Civil Litigation System

Posted on:2009-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:H L XuFull Text:PDF
GTID:2206360272955963Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Incidental Civil Action is the combination of civil and criminal proceedings,and the combination of the penalty of public law and the fight to request a private right,the existence of this system is very important for improving the efficiency of the proceedings,saving judicial resource and protecting the legitimate rights and interests.Despite such as the United States,Britain,Japan,and other developed countries have failed to establish or abolished Incidental Civil Action,but it still worthy of recognition in our judicial practice.Nevertheless,it is undeniable that China is behind the concept of the rule of law and the relevant system-building disharmony, imperfect;there are a lot of reflection and improvement in the judicial practice of Incidental Civil Action.The existence of these problems seriously hampering the system functions effectively,to the detriment of the protection of the legitimate rights of the parties and impeding the criminal proceedings scientific development process.Therefore,based on our incidental civil action status,as compared with foreign legislative mode,the objective of China's civil litigation system with reflection,and further theoretical research on the basis of this system to improve the specific proposals,it have an important theoretical and practical significance.
Keywords/Search Tags:Incidental Civil Action, civil compensation, litigation rights
PDF Full Text Request
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