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Broaden The Scope Of Civil Suit Collateral To Criminal Compensation Research

Posted on:2017-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:D D ZhuFull Text:PDF
Abstract/Summary:PDF Full Text Request
In the modern sense of civil suit collateral to criminal proceedings system establishment has been nearly 200 years,to punish the criminals safeguard legitimate rights and interests of the victim,etc,has important significance.Because the current related compensation scope not scientific inadequate safeguards such as a variety of reasons,the academia and judicial circle controversy of system of civil suit collateral to criminal proceedings.The lawful rights and interests of the parties can not get reasonable compensation or real cash,the voice of justice in the continuous fermentation their complaints,even to abolish the system of civil suit collateral to criminal proceedings of speech sound is limitless,Social effect.However,even if the system there are many inadequate,but the great value of its existence also nots allow to ignore.As a result,the rational thinking reservation shall be under the premise of system of civil suit collateral to criminal proceedings,to further broaden the scope of the current compensation and compensation program in place,has the very vital significance.The current status to define the range of compensation,Legislative technology and concrete application is ideological understanding social effect is the result of multiple factors such as comprehensive.The focus of compensation is difficult to determine,the efficiency of lawsuit and the economic burden of the victim is difficult to balance,and the execution of has long been a difficult problem.Therefore,should from the anatomical reasons of current compensation scope is limited,drawing on the successful experience of civil aspect,and establish the front court pre-trial classification management system and the drainage system,avoid costs because of the drainage system,at the same time also should take advantage of technology and modern means such as large data set up asset tracking system,build system of criminal labor compensation priority repay and state compensation mechanism,after adding judgment of compensation incentive mechanism and corresponding guarantee measures,enlarging the right subject of property preservation and starting conditions and other supporting measures.on this basis,the disability compensation for death compensation for mental damages,by the criminal illegal possession or disposal and to cause the victim's material loss,etc.into the scope of compensation for civil suit collateral to criminal proceedings.
Keywords/Search Tags:incidental civil action, extent of compensation, material loss, moral damage, compensation for death
PDF Full Text Request
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