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On The Scope Of Compensation For Incidental Civil Action In Criminal Proceedings

Posted on:2016-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:H R SuFull Text:PDF
GTID:2296330482954971Subject:Law
Abstract/Summary:PDF Full Text Request
In the Criminal Procedure Law of the People’s Republic of China revised in 2012, the material loss as the principle of accepting cases of criminal incidental civil action compensation scope is established. Hereafter, Explanation About Application of the Criminal Procedure Law of the People’s Republic of China further defines the scope of material loss and compensations for mental suffering such as compensation for death and compensation for disability are excluded in criminal incidental civil action. After regulations on the compensation scope of criminal incidental civil action are amended, cases with different standards for compensation for death and compensation for disability appear one after another in the juridical practical process from place to place, which exacerbates the controversy for the system of criminal incidental civil action and triggers deep discussion on the property, legislative conflicts and practical difficulties of criminal incidental civil action.From the perspective of results, incidental civil action solves problems of right relief for victims and their families who suffered losses as a result of crime, and in essence, it still belongs to the category of civil litigation. With the right relief of the victims and their families as the perspective, the author strives to explore reasonable compensation benchmark of criminal incidental civil action through comparison and research on the regulations of criminal incidental civil action at home and abroad, systematic analysis on the legislation conflicts of incidental civil action in China, and summarization of the basic characteristics of incidental civil action.Starting from the historical origins of criminal incidental civil action, the author analyzes the legal systems of the main countries and emphatically introduces the related provisions of civil law countries. Meanwhile, the author summarizes the characteristics of the compensation scope of criminal incidental civil action on the basis of comparison and analysis and discusses the benchmark of the compensation scope. Finally, the author puts forward suggestions on perfecting the scope of material loss and increasing the compensation for spiritual damages.
Keywords/Search Tags:Incidental Civil Action, Compensation Scope, Material Loss, Spiritual Damages
PDF Full Text Request
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