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Reflection Of Criminal First And Civil Later Principle On The Cross Of The Criminal And Civil Cases

Posted on:2015-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ChengFull Text:PDF
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The cross of the Criminal and Civil case has become difficult problemsthat plague the Theorists and the Practitioners. The imperfect theory andcontradiction in judicial practice make us research and analyze thesecases further. In this paper,the author tries to explore the solution ofsuch cases from a new perspective.First of all,the paper starts with two cases to show the currentsituation and the necessity of research of The cross of the Criminal andCivil case. Then the paper has a summary of the existingclassificationofThe cross of the Criminal and Civil case, and puts forward ideas on theclassification of such cases-from the entity and the procedure. The paperelaborates this new classification. The paper analyzes the existingmainstream approach of The cross of the Criminal and Civil case from twoaspects of entity cross and procedure cross and concludes that “criminalfirst and civil later” has become the dominant solution of such casesin judicial practice.Secondly, the paper arrangements and lists laws and judicialinterpretation that relate the solution of criminal first and civillater.The paper has a further analysis of these laws to restore theoriginal meaning of them systematically and historic, and finds the defect of the current law and provision.Then the paper analyzes the causes of“criminal first and civil later” in terms of historical factors andpractical problems.Then again, the paper has a objective analysis of “criminal first andcivil later”. It summarizes the advantage and the defect of this solution,and then has a detailed analysis of it preparing for the research of theright solution.Finally, the paper has a research on the solution of criminal firstand civil later. In entity aspect, the paper introduces the theory thatCrime has a secondary illegality, and lists two typical cases to draw aconclusion frompositive and negative sides, that is, these cases mustconsider the provision of civil law first, and use criminal law to regulatewhen they breaking the criminal law. Inprocedure aspect, criminal law andcivil law must be in the same pace,“criminal first and civil later” or“civil first and criminal later” can be the complementary, it dependson the different situations. Finally, the paper has a research onthe criminal suit incidental civilaction system, and it puts forward asolution to improve this system, including adding the option of aggrievedperson, raising themental damage compensation and paying attention to theapplicability of civil law procedure to ensure the justice of theprocedure.Based on the study of these, we can have a deep understanding of“criminal first and civil later” cases and their solutions. The paperis expected to provide a pathway to solve these casesand we hope theproblem in judicial practice can be solved atanearlydate.
Keywords/Search Tags:The cross of the Criminal and Civil case, procedure, Substantive laws, criminal first and civil laterprinciple, criminal suit incidental civilaction system
PDF Full Text Request
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