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Research On The System Of Criminal Supplementary Civil Action In China

Posted on:2017-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:G Q LuoFull Text:PDF
GTID:2346330542483591Subject:Law in Practice
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Criminal supplementary civil action as an important legal system of criminal and civil law is an important means to protect the rights and interests of the victim in the criminal acts.Incidental civil action is an important system in criminal procedure.The original intention of legislation is to solve the problem of damages caused by the defendant' s crime in the process of criminal procedure.At present,more and more criminal victims in the case of criminal acts,through litigation to remedy,therefore,the number of criminal cases attached to the civil action has also increased significantly.However,due to the relevant legislation of criminal incidental civil action in our country,there are many problems,which make the criminal supplementary civil action system have a lot of problems in the judicial practice.The author intends to through the analysis of criminal incidental concept and essence of civil procedure,through the investigation of the France and Germany criminal incidental civil action system,combined with the judicial practice of criminal incidental civil lawsuits have been filed and the reasons for the problems are analyzed,and in our country criminal incidental civil litigation put forward suggestions for perfecting the.This paper is divided into five parts.The first part,mainly on the criminal incidental the basic theory of civil litigation research,including three parts:(1)collateral to criminal civil litigation concept;(2)collateral to criminal nature and characteristics of the civil litigation;(3)criminal incidental civil litigation value.The second part focuses on the analysis of the civil lawsuit in France and Germany.France and Germany are the forerunners and representatives of the incidental litigation model.From France and Germany in the criminal damage compensation legislation model and comparative law on the analysis of criminal damage compensation system can be seen,although France and Germany in the system of criminal suits with different provisions,but there is a common ground,namely The independence of civil proceedings through different angles or different ways to be displayed,the maximum protection of the legitimate rights and interests of victims.The third part is the historical evolution and legislative status of criminal incidental civil action in our country.Our country criminal incidental history of civil litigation and our country condemned collateral civil suit related legislation present situation,due to our country criminal collateral civil suit in criminal law provisions are too principle,making the relevant judicial interpretation of the provisions and the basic criminal law and the basic civil legal conflict are introduced in this paper.The fourth part is the problems and reasons of the criminal supplementary civil action in the judicial practice.From the influence of traditional "heavy punishment,light people" thought,limit the scope of the criminal collateral civil suit;civil suit collateral eligibility confusion of subject;criminal incidental civil compensation scope is too narrow and confusion;incidental civil to criminal proceedings,there are "difficult to execute" problem;criminal victims compensation system has not been established;the legal provisions of criminal reconciliation general,discretion exercise imbalance etc.six aspects pointed out in detail the our country criminal incidental civil action in practice exist problems.The fifth part,the perfection of criminal incidental civil action in our country.From the influence of traditional thought of "heavy punishment,light people",limiting criminal collateral civil suit by the scope of the case;criminal incidental civil litigation by the perfection of the scope of the case;criminal incidental civil litigation subject eligibility perfect;criminal incidental civil action for compensation range perfect;criminal incidental civil action execution of perfect;establish national compensation system for criminal victims;establishes the criminal supplementary civil lawsuit settlement balanced sentencing standard six aspects and puts forward some countermeasures.Promote the development process of the rule of law in our country.
Keywords/Search Tags:Criminal incidental civil action, criminal act, damage compensation, liability for compensation
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