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Research On Civil Public Interest Litigation Incidental To Criminal

Posted on:2020-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:R Q WangFull Text:PDF
GTID:2416330596980511Subject:Procedural Law
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The promulgation of the "Supreme People's Court and the Supreme People's Procuratorate's Interpretation of Several Issues Concerning the Application of Laws in Prosecution of Public Interest Litigation Cases" enabled criminal incidental civil public interest litigation to be established at the institutional level.The system realizes the combination of criminal incidental civil litigation and procuratorial civil public interest litigation,and forms a social public interest relief mechanism with criminals and cross-coordination,which plays an extremely important role in punishing criminal offences and safeguarding social public interests.This paper starts with the connotation system and justification foundation of criminal incidental civil public interest litigation,and analyzes it with other similar systems.At the same time,it pays attention to the research methods that emphasize both theory and practice,and adopts the method of empirical research to make a systematic and focused investigation on the operation of criminal incidental civil public interest litigation.Based on the problems raised in the system and practice,civil litigation is adopted.The theoretical tools provide advice and suggestions for the improvement of the criminal incidental civil public interest litigation system,and provide suggestions for development that are beneficial to the public.In addition to the introduction and conclusion,the article is divided into four parts.The first chapter is an overview f criminal incidental civil public interest litigation.The content of this chapter mainly through the analysis of the legal and rules of the criminal incidental civil public interest litigation,in order to build a comprehensive theoretical framework of the system,thus forming a three-dimensional understanding of the system.First of all,the connotation of criminal incidental civil public interest litigation includes two aspects: concept and characteristics.In terms of concept,the criminal incidental civil public interest litigation refers to the people's procuratorate's prosecution of the crimes against the ecological environment and resources,the violation of the legitimate rights and interests of many consumers in the field of food and drug safety,and other crimes that harm the public interest.The subject or the appropriate subject has not filed a civil public interest litigation,and the procuratorial organ may file a civil public interest litigation and a litigation mode in which the same trial organization conducts the trial.In terms of characteristics,the criminal incidental civil public interest litigation has the characteristics of the same trial organization,the main body of the criminal and civil litigation,the procedure issimple and fast,and the evidence data are used interchangeably.Secondly,the function of criminal incidental civil public interest litigation comes from its characteristics.The system has the protection of different legal interests in the two areas of punishment and the people;it alleviates the inherent contradiction of civil public interest litigation;the function of preventing contradictory judgment and improving litigation efficiency.Finally,the procuratorial organ stipulated in Article101,paragraph 2 of the Criminal Procedure Law,introduces a criminal incidental civil action system against state property and collective property,and is not the same system as a criminal incidental civil public interest litigation.There is no relationship between inclusion and inclusion..The basis of its distinction lies in the difference in objective scope;the differences in institutional rules;the different functions of the two programs bear different aspects.The second chapter is the legislation and practice of criminal incidental civil public interest litigation.This chapter analyzes the legislation and practice of the criminal incidental civil public interest litigation system,analyzes the institutional system through the tools of legal hermeneutics,and uses the empirical research method to explore the judicial application of criminal incidental civil public interest litigation.In terms of system,the system of criminal incidental civil public interest litigation in China is centered on the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Applicable Law of Prosecutorial Public Interest Litigation Cases,including the Civil Procedure Law and the Criminal Procedure Law.The procuratorial organ puts forward the pilot program for reform of public interest litigation and the "People's Court to administer the People's Procuratorate's Measures for the Implementation of Pilot Projects for Public Interest Litigation Cases",etc.,and the system system formed by this means the jurisdiction,trial organization,trial procedures,etc.of criminal incidental civil public interest litigation There are regulations.However,there are still problems such as the over-abstraction,the principle of the core regulations,and the lack of specific details.In practice,the author collected a sufficient number of judgment documents,analyzed each judgment document,selected eight typical cases from four different perspectives,and directionally counted data on several aspects..Through the research of institutional system and empirical research,it has formed a clear and comprehensive understanding of the legislation and practice of criminal incidental civil public interest litigation.The third chapter is about the problems existing in criminal incidental civilpublic interest litigation.Through the empirical study of the second chapter,this chapter explores the problems of imperfect institutional rules and judicial application confusion in China's criminal incidental civil public interest litigation,and analyzes the causes of the problems.In terms of institutional rules: the pre-suit announcement procedure is unclear;the criminal facts and the validity of the evidence are excessively expanded;the trial procedure for the co-existence of the civil litigation with the victim is not specified;the preservation rules at the public security investigation stage are missing;the restrictive provisions for the initiation of the procedure are lacking.In terms of judicial application: the criminal attachment public interest litigation is confused with other systems;the procuratorial organs are not consistent in the litigation;the incidental civil public litigation litigation requirements are quite different.The fourth chapter is the perfection of criminal incident civil public interest litigation.This chapter combines the previous three chapters on the theoretical system of criminal incidental civil public interest litigation,the legislation and practice of China,the existing problems and the causes of the research,and puts forward suggestions for perfecting the criminal incidental civil public interest litigation system in China.It is suggested to improve the procedural rules of criminal incidental civil public interest litigation,standardize the judicial application of criminal incidental civil public interest litigation,and improve the supporting measures of criminal incidental civil public interest litigation.In terms of procedural rules,the general provisions of the pre-litigation announcement shall apply;the division shall be subject to criminal facts and evidence;and the merger of civil and private interests shall be combined.In terms of judicial application,the objective scope of the public interest litigation of the criminals is clarified;the unified title is “ the public prosecution agency and the attached civil public interest litigant”;the judgment of the interests of the litigation requirements is strengthened.In terms of supporting measures,the application security procedures for the investigation stage of the procuratorial organs shall be set up;and the binding mechanism for the initiation of civil public interest litigation shall be optimized.Through the construction of these three aspects,we will comprehensively improve China's criminal incidental civil public interest litigation system.
Keywords/Search Tags:Criminal incidental civil public interest litigation, criminal incidental civil action, procuratorial civil public interest litigation, social public interest, not specific majority
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