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The Study Of "Criminal Superior To Civil Principle"

Posted on:2019-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:M M WenFull Text:PDF
GTID:2416330542995183Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The principle of criminal superiority over civil law came into being in the 1980 s in order to combat economic crime and solve economic disputes.It is the result of the combination of national policy and specific background of the times.With the development and vicissitude of the times,the principle of criminal superiority over civil law also expands its scope of application and makes it applicable to the whole field of "criminal and civilian intersection".Criminal and civil cross cases are two types of cases,which involve the determination of the nature of the case,the division of criminal liability and civil liability.It also involves the punishment of crime by the state and the recovery of civil losses by criminal victims.And "Criminal.Superior to the principle of civil law,this kind of treatment,which is applicable regardless of type,makes the civil losses of many criminal victims unable to be compensated,and becomes an obstacle to the relief of victims' rights.With the awakening of civil rights and the development of modesty of criminal law,scholars' attitude towards "criminal superior to civil principle" is also undergoing earth-shaking changes.From unswerving,questioning to abolishing it,even quite a lot of scholars directly deny its existence.The purpose of this study is to seek fairness and justice in the handling of criminal cases."Criminalism is superior to the civil principle" is theoretically flawed.It is necessary to demonstrate and limit this principle.In general,“criminal superiority over civil principles” has lost its absolute position when it was established with the constant progress of the rule of law.With the improvement of such theories as“priority protection of private rights” and “criminality of criminal law”,“criminal superiority over civil principles” should be a tool for the parties to protect their own interests,and they should be given the right to choose freely.
Keywords/Search Tags:criminal is superior to civil, criminal and civil crossover cases, The right to freedom of choice
PDF Full Text Request
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