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Study On The Death Compensation And Disability Compensation In China's Incidental Civil Actions

Posted on:2018-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhangFull Text:PDF
GTID:2416330542966114Subject:Punishment law
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On the basis of referring to the laws of former Soviet Union,the criminal with civil action system with Chinese characteristics was established,and this system is mainly used to solve compensation for the victims of the criminal acts.However,as the development of social economy and the improvement of the masses' legal consciousness,there are more and more problems exposing in the criminal with civil action of China,which has seriously affected the resolving of social conflicts,impacted the implementation of the criminal policy of combining punishment with leniency and caused damage to the authority of laws and judicial credibility.The reasons for chaotic judicial application will be explored based on the overview and interpretation of the system and by combining the disordered status of the criminal with civil action compensation cases in China's juridical practice,the suggestion of including the disability compensation and the compensation for death in the scope of criminal with civil action compensation is clearly proposed on the basis of analyzing and discussing the property of the disability compensation and the compensation for death,and the rationality and the specific path for including the disability compensation and the compensation for death in the scope of criminal with civil action compensation are also discussed here.The exposition in this paper is mainly spread out from five parts:The first part is the overview and interpretation of the existing criminal with civil compensation system.In this part,the author analyzes the meaning,establishment value and compensation principle of the criminal with civil compensation system.because the spirit damage compensation isn't in the compensation scope,that causes many controversies in academic field and practice field,and there are several mainstream views.In addition,in terms of the application of disability compensation and death compensation,the law made a distinction between the civil compensation cases caused by the motor vehicle offenses,which also make a huge controversy.The second part is the application of the disability compensation and the death compensation in China's juridical practice.Make an exposition and analysis of civil action written judgements on the basis of the data retrieved at pkulaw.cn and China Judgements Online.On the application of the disability compensation and the death compensation insimilar cases,most court will not support the claims of the plaintiff,only individual provinces agreed the claims with the standards of personal injury cases.The different sentence of similar cases is caused by the different economic development degree,the different standpoint of judge,and the main reason at the deepest level is in the law respect.The third part is the legal nature of the inclusion of disability compensation and compensation for death.By comparing the concept of material damage and mental damage,we will know that the disability compensation and death compensation is indirect material damages.But it can't be excluded from the scope of compensation.Instead,it should be included into the compensation scope,because current law doesn't set the rule of indirect losses can't get compensation,on the contrary,the judicial practice always support some indirect loss claims,the discrimination is an obvious violation of the principle of equity.The fourth part is the reason of disability compensation and death compensation ought to be included in the compensation scope,there are a series of problems resulted from the unclear stipulation of the inclusion of the disability compensation and death compensation in the compensation scope in the laws,such as disordered judicial application,poor protection for the rights of the victims,reduction of crime cost and damage to the authority of law.The inclusion of disability compensation and compensation for death in the compensation scope can solve the problem of the application of law,can reflect the spirit of protecting human rights and the value of life.And to a certain extent,it can also solve the dilemma caused by the exclusion of the compensation for mental damage.The fifth part is the specific path for including disability compensation and compensation for death in the compensation scope.Disability compensation and death compensation can be included by modifying and improving relevant judicial interpretation and publishing guiding cases.After disability compensation and death compensation has been included into the compensation scope,another issue is the pay of compensation,when this problem happens,we can take preservation measures,perfect the enforcement measures,to urge the defendant to actively fulfill the obligation of compensation.If the defendant is lack of the ability to compensate,the liability can be divided according to the cause of crime,the victims can be rescued by the state and society.
Keywords/Search Tags:Criminal with civil action, compensation scope, disability compensation, compensation for death
PDF Full Text Request
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