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Research On The Legal Issues Of Criminal-civil Intersecting Cases

Posted on:2019-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y FuFull Text:PDF
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The number of interlocked penal and civil cases has developed rapidly with the economic development in recent years.However,our country's law does not have a corresponding law for such cases.Relevant judicial interpretations do not define the corresponding legal concepts,which lead to the criminal justice takes precedence over civil justice in a long history.This wrong mode violates the modest principle of criminal law,which easily lead to the victim suffered damage again.And civil suit collateral to criminal proceedings' blemish will be more obvious in such cases.How to better solve the criminal justice's priority over civil justice is a very important legal issues.This paper analyzes the typical interlocked penal and civil cases,and analyzing the legal issues under the existing legal background in this case.By analyzing the relationship between the judgments of civil and penal coexistence and non bis in idem,and the effectiveness in victim relief and analyzing the validity in criminal superior to civil mode,to find a better way to solve the problem in the interlocked penal and civil cases.Exploring and diversifying the model,such as civil first criminal second or criminal superior to civil.Learn the legislation and judicial experience form other countries in interlocked penal and civil cases.Clearing the effect of the effective judgment on others.Strengthen the protection of the victims' legal civil rights,giving victims a certain procedural right to choose,and including the mental damage compensation in new criminal legislation.Meanwhile,we should accelerate the establishment and improvement of the national compensation system for criminal victims.Through these methods,we can better achieve the goal of balancing the relationship between public powers and protecting civil rights.Only in this way can help us to build a harmonious law environment.
Keywords/Search Tags:interlocked penal and civil cases, criminal superior to civil, civil first criminal second
PDF Full Text Request
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