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Civil action of pro

Author: ZhaoMin
Tutor: ZuoMingAn
School: China University of Political Science
Course: Criminal Law
Keywords: Complaint. Non - civil action Tell Private prosecution Public prosecution
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 83
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Abstract

According to the provisions of section 98 of the Penal Code, the civil action usually refers to the crime to be handled only. Civil action and civil action is a binary classification of substantive criminal law, but the current legislative and theoretical studies of non-pro-civil action for the main object of study, making the civil action than the pro-civil action developed, and even to some extent masked the importance of civil action. Compare at home and abroad civil action legislation will find that the main statute law of criminal legislation to give greater attention to civil action, and give full play to adjust the role of civil action, and enhance the the Modesty spirit of the criminal law, and further confirmed the main value, in line with the requirements of the people-centered development. Civil action legislation in the Criminal Law is very thin, only an insult to the crime of defamation, violence interference freedom of marriage of crime, ill-treatment, embezzlement and 5 crimes. Civil action legislation involves a narrow, and the lack of a complete system, is not conducive to play a positive role. Of this writing, research methods, national legislation and academic research through in-depth study of the civil action, civil action from the concept of the nature, scope, subject, effect, convicted mechanism compared also learn from the civil action legislation of Macao and Taiwan, Perfecting the civil action the legislative proposals put forward on this basis. In addition, the literature research methods, through a long period of data collection and screening, the overall understanding of the civil action, and reinforce the writing. The case study method in this paper to get more applications to strengthen the definition of the theory expounded. Introduction, body and conclusion: The Introduction section describes the background, significance, originality. National criminal legislation of civil law and statute law on the civil action to give high attention to the specific crimes for not only the criminal law, and the echo of the Code of Criminal Procedure, the formation of a relatively complete system of rules. The Mainland of China, the civil action legislation has lagged far behind not only the legislation is relatively simple, and the theory of far from enough, is not conducive to the further development of the civil action and play a positive role. The text includes the following five parts: the first civil action an overview. That part is composed by five elements, one civil action concept. The scholars on the understanding and the Criminal Law of the civil action provisions of the civil action, 98 of the Criminal Code be expressed as \the relationship of the private prosecution. Comparative analysis among Macao, Taiwan and the Mainland of China, told with private prosecution in the relevant provisions of the legislation, focusing on analysis of the difference between the two, pointing out that criminal law to tell the elements of the crime exists, and procedural law private prosecution belong to different fields; the nature of the civil action. Told both offense constitutes the exercise of the right to demand punishment; Fourth, the scope of civil action. The spread of the country's regulations vary, but are concentrated in the private spheres of life; five civil action theory. Second, the civil action characteristics. Mainly from the following five aspects: First, tell the main particularity of the crime constitute the objective aspect of nature; particularity in the criminal legal system; four is to tell the effectiveness of the particularity; Fifth conviction the special nature of the mechanism. Third, the civil action surrendered and aging. The civil action values, including the restrained, liberty, and efficiency in three aspects. Fifth, improve China's civil action. First, expand the scope of the civil action, embezzlement reasonable restrictions, is perfect to tell the right of the main, is to tell the inseparable principles, five told the eradication of the right, is the introduction of reconciliation mechanisms. The concluding part of national civil action legislation to be recalled and reiterated that should increase our civil action legislation, and strengthen the theoretical study civil action to create conditions to give full play the positive role of civil action.

Civil action of pro

Abstract

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