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On The Defects And Perfection Of The Criminal Supplementary Civil Action Compensation System

Posted on:2018-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:P H ZhangFull Text:PDF
GTID:2346330536475733Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal adjudication system of civil litigation is helpful to appease the victims and safeguard the economic interests of the victims,which can reduce the burden of the families of the victims and help ensure the unity and seriousness of the trial work of the people 's courts and save the judicial resources.However,China's criminal incidental civil compensation system was originally supported by disability compensation,death compensation,and then according to the latest relevant judicial interpretation it abolished the compensation for disability compensation and death compensation.This is a kind of judicial to retreat in the process of legal reform in our country,which should arouse the concern of the legislative and judicial circles to the system of civil litigation compensation in our country.China's current criminal adjudication of civil litigation compensation system exists the scope of the claim is too narrow,the scope of compensation is too narrow,the scope of compensation is too narrow and the compensation standard is not uniform and unreasonable and other defects.It shall expand the scope of the subject of the claim,and reasonably adjust the judgment method of the claimant.In addition to the need to make a reasonable range of compensation,fit theory and practice requirements to be adjusted.That should be based on the nature of the criminal incident with the nature of the compensation to be adopted to re-regulate or appropriate to supplement.In general,the author's proposal is to bring the civil compensation standard to the scope of civil compensation to make it closer to life.At the same time,in addition to the above subject to the system,the subject of the perfect,the state should also be at the institutional level to be established with the establishment of a sound relief system for the establishment of a unified standard of compensation to pave the way.
Keywords/Search Tags:Criminal supplementary civil action compensation system, Main body of claim for compensation, Scope of compensation
PDF Full Text Request
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