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Criminal with civil Study

Author: LiuYuFeng
Tutor: LiuMei
School: China University of Political Science
Course: Legal
Keywords: Criminal with civil Research Criminal Procedure Law The principle of full compensation Proceedings Civil liability Public and Private Law Compensation for moral damage Defendant Restore the reputation of
CLC: D925.2
Type: Master's thesis
Year: 2004
Downloads: 200
Quote: 0
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Abstract


Criminal with civil litigation system of a 1979 promulgation of the Criminal Procedure Law of the People's Republic of China \In incidental civil action is a very complex issue , and its emergence and existence is due to the public and private law actually . The provisions of the Criminal Procedure Law in this regard too , the Supreme Court repeatedly made judicial interpretation, but the effect is not very significant . An incidental civil action task is to seek to resolve the defendant criminally responsible at the same time , from the fringe to solve the basic theory of the damages caused as a result of the defendant's criminal behavior start , combined with China's legislative and judicial status , and this damage system explore in order to achieve the purpose of the best legal effect . The paper is divided into four parts the first part of the criminal with the Civil Procedure Overview . First defined the concept of criminal with civil , criminal with civil formation and development . Analysis, the scope of an incidental civil action and mental damages should be included in the incidental civil reasons . The second part of criminal incidental civil action filed . This section focuses on the fringe parties in the civil action , and filed an incidental civil action and duration . The third part of the admissibility of criminal with civil and trial procedures are described in detail on the admissibility and the trial should be noted that a more systematic exposition . Part IV of Civil Liability for incidental to the criminal discussed . Proposed civil liability in compensation for damages , restitution of property , eliminating the effects , to restore the reputation of an apology and responsibilities can be incidental civil applications . Also, the criminal with the principle of compensation , the fault of the principle of compensation in civil damages , civil damages and the principle of giving priority to three basic principles were described .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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