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Reform Of The Criminal With The Civil Litigation System

Posted on:2012-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:C Y WangFull Text:PDF
GTID:2236330371465702Subject:Law
Abstract/Summary:PDF Full Text Request
With civil litigation system in the criminal justice system in China for the current interests of justice, to effectively protect the legitimate rights of criminal victims play an important role. Victims with civil action to provide a simple and convenient procedure, with a certain public welfare and economy in the long-term judicial practice in the litigation reflects the value of the general public has accepted a substantial mass base, in line with China’s current the conditions and practical needs. However, in full recognition at the same time, we can not ignore the civil litigation system with flaws and deficiencies in the legal system of constraints on. Such as the principles and the law is too simple, and there are other departments, the law conflict, to compensate for the judicial vacancies, there are many loopholes and interpretation is also unreasonable, the trial of such cases to the practice caused a lot of difficult and confusing. At this stage, according to China’s specific national conditions and the current extent of the rule of law, the complete abolition of this system does not have the appropriate legal and social conditions, with the civil litigation system and can not deny the inherent value of the efficiency of the proceedings. I proceed from the status quo of China’s judicial reference to foreign mature legislation, defects in the system, problems and confusion encountered in practice be based on the analysis, by comparison with the reference, proposed a reform of criminal legislation related to civil litigation system with recommendations and for the system’s inherent flaws, explore a new path of its reform.In this regard, I designed a program to give the parties to court proceedings and the right to choose the right combination of selection mechanisms, trying to solve the inherent flaws with the system and the civil conflict between the inherent value.
Keywords/Search Tags:incidental civil action, defect, reform, the optional right of procedure, a review of the decision
PDF Full Text Request
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