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Research On The Compensation Scope Of Criminal Incidental Civil Action

Posted on:2019-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:A B CaoFull Text:PDF
GTID:2416330548986613Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In civil suit collateral to criminal proceedings,the bearing of civil liability and the responsibility of criminal responsibility originates from the same act infringingthe civil substantive law and criminal substantive law,thus resulting in the concurrence of liabilities.As a compound type of responsibility,the burden of incidental civil liability should beguaranteed,and the priority should be given in the value sequence.Judging from the legal relationship of the foundation,the social harmfulness required by the criminal responsibility does not arise out of nothing,and is always manifested by the concrete infringement of the victim's interests.This is caused by the different character in different departments law norms and adjustment.Therefore,the priority of civil liability is not only the due meaning of justice and justice pursued by law,but also the value goal and function utility pursued by restorative justice.As a more serious liability than civil liability,the incidental civil liability of criminal cases should be more adequate in the relief and protection of rights.However,the mental damage compensation,disability compensation and death compensation are excluded from the scope of the scope of compensation protection,making the problem of "civil and criminal discord" extraordinarily sudden.Indeed,private law focuses on the rules on the guidelines focus on the protection of the public order and interests,it is different in the different departments of law caused by character and regulate the criminal incidental civil lawsuit system since has the characteristics of two aspects of criminal and civil law,in the application will be restricted from two aspects and in the operation of the system in a tense relationship between endogenous inevitable.In addition to criminal laws and regulations and criminal policies,the law on the basis of criminal incidental civil judgment should also be based on relevant civil laws.The realization of specific litigation objectives should not be at the expense of the value of civil entities.Mental damages,disability compensation and death compensation should be included in the specific scope of protection."Criminal law is basically a special law rather than all other legal sanctions".The compensation for mental damage should take into account the reflective spirit filling function of penalty.Disability compensation and death compensation should be included in the scope of compensation,but the relative economic status of both parties should be considered appropriately.The injured party should not be caught in a serious and long-term predicament when he is compensated.For those who really need to execute the death penalty,they should adhere to the principle of their own responsibility,which is the spirit of the approval of the Supreme People's court.The application of criminal reconciliation and mediation should be appropriately expanded on the path of concrete compensation guarantee.
Keywords/Search Tags:Incidental civil action, Scope of compensation, Compensation for mental damage, Compensation for damages
PDF Full Text Request
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