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A Study On Treatment Mechanism For The Criminal Case Crossing With Civil Case

Posted on:2013-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:J J LiuFull Text:PDF
GTID:2246330395470807Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The criminal cases crossing with civil cases are special, which were not only related tocriminal, but to civil procedures. Generally, in judicial practice, criminal cases were disposedfirst while the courts dealing with the criminal case crossing with civil case. However, lawswere not clear often, and the judicial practice were blinding. So, criminal action’s priorityover civil action was questioned. The thesis was concerned on the issues of the fundamentaltheory, and its value, practical significance. One perspective of criminal action’s priority overcivil action, the treatment mechanism for the criminal case crossing with civil case has themeaning of existence. In the process of implementing, can be completed through clearlydefining the scope and mode, the theory and the judicial practice questions can’t shake it asthe criminal case crossing with civil case of primary processing principles of legal status,should make it clear that the principle is a universal principles of justice, with the newperspective, and carries on the correct location, construct a plurality of processing mechanism.In the first part, the author mainly introduced the basic issues of the criminal casecrossing with civil case: referring to the evolution of the criminal case crossing with civil case,then study on the concept, types and characteristics of the criminal case crossing with civilcase. Finally, study on the principle of criminal action’s priority over civil action, thisprinciple is the main principle of the criminal case crossing with civil case. Then the valueorientation and realistic meaning were discussed seriously, and the value orientation including:when there is conflict between individual and public interest, public interest prevails; for trialproof standard, proof for criminal case is higher than that of civil cases; the force of criminalverdict is higher than the force of civil verdict. The realistic meaning including: make thecriminal case correct, protection of national, collective and the citizen’s legal property,safeguard the legal rights and interests of victims, and improving the efficiency of lawsuit,save the judicial resources, safeguard judicial unity and authority. The third part of the thesisintroduce the problems concerning the criminal case crossing with civil case of theperspective of criminal action’s priority over civil action, first of all, analysis of the adverseeffects about the parties in the case, such as increasing the victim’s lawsuit burden and theright of victims cannot relief in time. Then discuss the adverse effects of the criminal casecrossing with civil case, such as the principle of criminal action’s priority over civil actioncannot apply to all the criminal case crossing with civil case, and the presence of use theprinciple intentionally evade civil trial cases. The last part is the principal part of the thesis, the author discussed the principle is auniversal principle of justice, study the advantages and disadvantages about dealing with thecriminal case crossing with civil case, argument that this principle can apply to the criminalcase crossing with civil case with the new perspective, and carries on the correct location.Then construct a plurality of processing mechanism, including criminal action prior to civilaction, criminal action concurrent with civil action and civil action prior to criminal action. Toimprove the treatment mechanism for the criminal case crossing with civil case, make theprinciple more useful.
Keywords/Search Tags:Criminal Case Crossing with Civil Case, Criminal Action’s Priority over CivilAction
PDF Full Text Request
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