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Research On Traffic Accident Crime

Posted on:2016-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y R RenFull Text:PDF
GTID:2336330503964710Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of economic society, the environment problem increasingly prominent, serious environmental pollution and ecological destruction has affects people's production and life. Individual citizens can own personal and property are violated civil litigation, but for no specific environmental rights and interests of most people who maintain a specialized lawsuit system is needed, civil environmental public interest litigation system arises at the historic moment. Environmental civil public interest litigation system mainly includes the prosecution main body, the burden of proof, responsibility, and the relationship with the private interest litigation. Civil environmental public interest litigation system is conducive to protect people's lives and property safety and promote economic and social sustainable development.Civil environmental public interest litigation is refers to the rules of law, organs, social organizations and citizens to safeguard environmental public interests, according to the provisions of the law that has been or may be pollution and the destruction of the environment, to implement the main body of the behavior to the court and demands of its, shall bear civil liability, the court shall, according to the civil procedure of the trial activities in accordance with law.New environmental protection law gives only environmental organization the right to initiate civil environmental public interest litigation, single prosecution main body, should expand the plaintiff qualification, procuratorial organs and citizens' right to personal environmental public interest litigation. Environmental public interest litigation as a new kind of litigation system, the burden of proof has the particularity. The plaintiff must bear the burden of proof, the result of the damage and damage by the defendant to prove the causal relationship between them. Civil environmental public interest litigation of responsibility includes preventive responsibility way, way of restorative responsibility and compensation responsibility way, punitive liability method. Civil environmental public interest litigation and private interest litigation while seem contradictory, the purpose of litigation, the respect such as the subjects, the prosecution function is different, but both is still contact each other, and cross linking is found in the lawsuit.
Keywords/Search Tags:Traffic accident crime, Conviction, Sentencing, Surrender, probation, The escape
PDF Full Text Request
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