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Review On The Trial Model Of Criminal

Posted on:2020-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q JiangFull Text:PDF
GTID:2416330623959725Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal-Civil Intersection Cases is the case arising from the overlapping and coincidence of legal facts,which result in one or serval related cases falling into common the justification range of between the of criminal law and civil law at the same time.The Model of Criminal Procedure before Civil Procedure has been in the leading position for a long time in China.The protection of victims' civil rights has not been given its desreve attention in this mode.With the development of society and the awakening of public opinion,the dominant position of the model of the first trial and the post-criminal trial can't follow the requirements of construction of Socialist Democracy and Legal System.In addition,relatively few research has been done on the related theoretical,as well as in the legislative system,which lead to unable to deal with the cases in judicial practice.In the view of this,the Ministry of Public Security and the Supreme People's Procuratorate jointly issued the ‘Several Provisions of Public Security Organs for Handling Economic Crime Cases' in 2017.The transition to the parallel trial mode of criminals from the perspectives of filing and investigation of criminal and criminal cases involving suspected economic crimes were specified.Even though the stipulate has certain progressive significance.The economic crimes occupy a little part of the cross-case between criminal and civil.The rights and interests of victims cannot be protected timely and effective because of large number of cases involving infringements and breaches of criminals are still conducted in accordance with the model of pre-criminal and post-trial trials."The late controversy is injustice." From the perspective of the protection of the rights and interests of victims,the author intends to examine and compared the most widely used model of the post-criminal trial judicial practice in China,as well as analyzed the insufficient performance at victim's protection and its reasons.Based on the above,the trial mode of criminal and civil cross cases in the major countries of the Anglo-American legal system and the civil law system were compared.The fruitful experience in the protection of victims' rights and interests in judicial practice were summarized,as well as adopted to the advantage of them.This research put forward some effective suggestions on the reform of the trial mode of criminal and civil cross cases based on situation of our country.The main body of this paper consists of the following three chapters:The first chapter mainly summarized the definition and characteristics of the cross-criminal cases of criminals.Besides,the status quo of the protection of victims' rights and interests in the cross-criminal cases were analyzed.The reasons for the dominant mode of the pre-criminal trial were analyzed.Also,the current problems in the protection of victims' rights and interests were put forward.The second chapter mainly focus on analyzed the actual cases from the perspective of theory and practice.The reasons for the insufficient protection of the rights and interests of victims under the mode of trial in China were summarized.The third chapter focus on summarized the practice and experience of judicial case handling in the world,from the perspective of the protection of the rights and interests of victims,from the aspects of filing,trial mode,social assistance and other aspects.Suggestions for improving the trial mode of criminal cases were put forward.In the case of filing a case,a unified case acceptance platform should be established,which will be accepted according to different situations.In the mode of trial,the law of litigation should be respected,besides,the principle of separation of the criminals and the people should be used as a supplement,as well as the criminal prosecution system should be reformed to effectively protect the rights and interests of victims.In the area of social assistance,the legislation of the state compensation system should be improved to promote the implementation of the victim's legal aid system and psychological counseling system.In addition,strengthen the protection of victims' rights and interests in many aspects should be promoted.
Keywords/Search Tags:Criminal-Civil Intersection Cases, Model of Criminal Procedure before Civil Procedure, Protection of the Rights and Interests of Victims
PDF Full Text Request
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