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The Study of Civil Suit Collateral to Criminal Proceedings System

Author: HeZuoJie
Tutor: FengJun
School: Hebei University
Course: Procedural Law
Keywords: Incidental civil action Party Litigation costs The scope of compensation Execution
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 31
Quote: 0
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Abstract


Criminal Incidental Civil Action is a special litigation system , establish the modern sense of the Incidental Civil Action has been nearly 200 years . Criminal Incidental Civil Action is one attached to the criminal proceedings has a special attribute of Civil Procedure . Criminal with civil litigation system not only conforms to the litigation efficiency, effectiveness , and the principles of justice , but also the punishment of crime , and to protect the parties to a civil compensation can be achieved . The system has become an important part of China 's criminal procedure system . The author of the part of the country with respect to such damages legislative practice conducted in-depth research , and summed up the three modes of criminal damages . In the analysis of Criminal Incidental Civil Action status quo , I believe that the current system reasonableness and necessity of its existence . However, the requirements of the system too principle , operability is not strong , but also makes a lot of problems in the judicial practice . To solve these problems , the author explicitly incidental civil parties range , the establishment of the the incidental civil litigation fees system , clearly a period of limitation of incidental civil action clearly incidental civil action by the scope of the case , clearly the scope of compensation , the establishment of a scientific system for mental damages strengthen the the incidental civil enforcement links Perfection . Research on these issues , and will help to further understand the criminal incidental civil system , and contribute to the improvement of legislation and guidance judicial practice .

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