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Research On The Prevention And Control Measures Of Criminal Case Transformed From Civil Dispute

Posted on:2020-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:K ZhengFull Text:PDF
GTID:2416330575965192Subject:Law
Abstract/Summary:PDF Full Text Request
The transformation of China's economy and society and the adjustment of the pattern of interests are always accompanied by profound social changes and conflicts of interests.Behind the rapid economic miracle,the incidence of conflicts and disputes is also rising sharply.Civil disputes show the development trend of subject diversification,form diversification and quantity.This has directly led to a surge in cases of "the transformation from the civil dispute to the criminal case",which has brought unprecedented challenges to the work of the government,public security organs,the people's courts,as well as certain impacts on the social order.The case of"The transformation from the civil dispute to the criminal case" has great particularity However,the existing judicial system in China is lack of pertinence in dealing with the cases of "The transformation from the civil dispute to the criminal_case".Therefore,it is particularly important to systematically analyze the characteristics and causes of the cases of "The transformation from the civil dispute to the criminal" and formulate special prevention and control measures for the cases of "The transformation from the civil dispute to the criminal".This paper is divided into three chapters to analyze the causes,characteristics,types,formation process and prevention and control countermeasures of the cases of"The transformation from the civil dispute to the criminal".The first chapter introduces the concept of "the transformation from the civil dispute to the criminal",and analyzes the historical background and research value of"the transformation from the civil dispute to the criminal" cases.In order to study the case of "the transformation from the civil dispute to the criminal",we must first understand the characteristics of "the transformation from the civil dispute to the criminal",because it has the characteristics of stakeholders,complexity,suddenness,severity and contention,and it often threatens social public interests and affects social public order.It is of positive significance to solve the case of "the transformation from the civil dispute to the criminal" effectively for building a harmonious socialist society and for the long-term peace and stability of the country.On the other hand,it can be seen from the various types of "the transformation from the civil dispute to the criminal" cases that "the transformation from the civil dispute to the criminal" cases are different from general criminal cases.In most cases,they can be prevented and solved,so attention should be paid to them.This paper analyzes the development trend of the cases of "the transformation from the civil dispute to the criminal" in recent years,and concludes that the prevention and control of "the transformation from the civil dispute to the criminal" is not only an inevitable requirement for the development of a harmonious society,but also an inevitable choice for the construction of socialist rule of law in China.The second chapter mainly introduces the causes of the formation of the cases of"the transformation from the civil dispute to the criminal"and the analysis of the criminal psychological mechanism of the cases.First of all,from the subjective and objective aspects of the analysis of the "people transfer" case is how to form,briefly listed a few "the transformation from the civil dispute to the criminal" cases,we draw conclusions that the behavior subject has a low level of education,poor personal moral quality,weak legal consciousness,weak self-control ability,and in the materialistic society,long-term mental imbalance is prone to mental distortion.Secondly,it introduces the external reasons that lead to the frequent cases of "the transformation from the civil dispute to the criminal",such as the problems in social management,dispute resolution mechanism and people's livelihood.Through the analysis of the generation mechanism of criminal psychology in the case of "the transformation from the civil dispute to the criminal",it is concluded that defective personality and long-term imbalance of mentality are likely to lead to the case of "the transformation from the civil dispute to the criminal".The third chapter puts forward the prevention and control countermeasures for the cases of "the transformation from the civil dispute to the criminal".We will explore a long-term mechanism for dealing with cases of "the transformation from the civil dispute to the criminal" at the source,work hard to solve problems related to people's livelihood in the course of economic development,strengthen ideological and moral education and publicity and education of the legal system,and improve the legal aid system in backward areas.We should establish a mechanism for the investigation,mediation and handling of civil disputes,strengthen the prediction and early warning of disputes,and keep an eye on the development of disputes.Secondly,we should build a diversified dispute resolution mechanism,improve the mediation work system,strengthen the connection between various dispute resolution mechanisms,and strive to eliminate civil disputes in the bud.Thirdly,when the case of "the transformation from the civil dispute to the criminal" appears,the judicial organ should follow the criminal policy of "tempering justice with mercy".Serious violent crimes must be severely cracked down on and will never be tolerated.In light of the principle of "modesty of criminal law",Actively promote criminal reconciliation,trial prosecution system,or community correction to help the actor back to social life.For the victims or their families who suffer material losses,physical and mental injuries as a result of the "the transformation from the civil dispute to the criminal" cases,the state relief system for criminal victims can be established to make up for their losses and injuries.Finally,through the establishment of the supervision system,supervision and inspection of civil disputes and "the transformation from the civil dispute to the criminal" cases to resolve efficiently,reasonably and fairly.
Keywords/Search Tags:The transformation from the civil dispute to the criminal case, Criminal psychology, Mediation, Tempering justice with mercy
PDF Full Text Request
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