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Comparison Of Civil Issues In Criminal Cases Between China And The United States

Posted on:2021-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:D Y XuFull Text:PDF
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The handling of civil issues in criminal cases is an important protection of the rights and interests of victims,which involves the defendant's criminal responsibility and civil responsibility.China and the United States have their own legal cultures brewing in different cultural deposits and have formed different ways of handling civil issues in criminal cases in judicial practice.Influenced by the traditional culture,China adopts the mode of "punishment first,then the people" in civil cases.and the case of Intentional murder of Chen Bo is a typical one.In this model,the incidental civil action lacks its own independence,the restrictions on the adoption of evidence are too loose,the standards of proof are not clear enough,the procedures are too dependent on criminal proceedings,and the scope of compensation is too narrow.The United States adopts the "parallel model",which separates the two civil issues in criminal cases,and this model is fully embodied in the Cases of Simpson and Liu Qiangdong.Under the "parallel mode",the standard of evidence,specific procedure and compensation for civil problems in criminal cases are specified in detail.The independent existence of the civil action is not attached to the criminal action,the adoption of evidence is relatively strict,the standard of proof is clear and specific,independent proceedings,the scope of compensation is also extensive,to a large extent to protect the civil rights of victims in criminal cases.The two models have their own characteristics and serve the rule of law of various countries,but some problems have been exposed in the process of service.Adapting to the needs of objective development,learning from each other and promoting and integrating each other are the inexhaustible driving forces for the development and progress of things.Aiming at the lack of handling criminal cases,civil,draw lessons from the successful experience of the United States in dealing with similar cases,in the case of combined with our existing system of our country puts forward some Suggestions of incidental civil action,change the mode of "one size fits all" in our country,flexible use of various mode,perfect the evidence related to the incidental civil lawsuit mechanism,determine the independence of the civil issues in criminal cases,expand the incidental civil action the compensation scope,support the mental damage compensation into an incidental civil action,so that more powerful to protect civil rights and interests of the victim in the criminal case will be the maximization of the value of incidental civil proceedings.
Keywords/Search Tags:Civil liability in criminal cases, A civil action incidental to a criminal offense, Restorative justice, Comparative reference
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