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Civil Suit Collateral To Criminal Compensation

Posted on:2016-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:M L T D L M L T HaFull Text:PDF
GTID:2296330476950465Subject:Law
Abstract/Summary:PDF Full Text Request
Refers to the civil suit collateral to criminal proceedings in our country in the process of criminal proceedings, judicial organs in dealing with the defendant of criminal responsibility at the same time, caused by the defendants’ criminal behavior attached to solve the material loss compensation problem of the litigation activity. The establishment of the system is intended to solve the defendant of criminal responsibility shall be investigated at the same time the civil liability. In essence, the refuse of incidental civil action is the economic compensation and the civil case in court and tort damage compensation is the same, but at the same time it is not the general civil litigation, has its particularity. It with the same criminal case fact is an integral inner link, caused by the same crime, on the premise of the establishment of the criminal case, must be attached to the same criminal case trial, along with all the is dependent on the program; On the legal basis except on the basis of the civil substantive law and the civil procedure law, but also follow the provisions of the criminal law on crime constitute. In this paper, based on the principle of theory research in the service of practice, on the basis of summarizing the predecessors’ research results, combining with his own research, put forward some own views, in order to for the perfection of supplementary civil compensation theory in China contribute little of personal power.
Keywords/Search Tags:Civil suit collateral to criminal proceedings., Public rights, Private rights, The legislative defects
PDF Full Text Request
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