Dissertation > Excellent graduate degree dissertation topics show

The Study on China’s Public Welfare System of Incidental Civil Action

Author: MaChunYan
Tutor: WuZhen
School: Jilin University
Course: Legal
Keywords: Procuratorial organs Public welfare Litigation
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 48
Quote: 0
Read: Download Dissertation

Abstract


Our existing legislation and judicial practice, disputes on compensation for damage caused due to criminal acts, taken the basic system of criminal incidental civil action. Although incidental civil action is a relatively marginalized subject, rarely subject to the mainstream criminal proceedings theoretical research concern, not hot but has difficulty in judicial practice, especially welfare criminal prosecution filed an incidental civil action is even more special because the subject is highly theorists and controversy judicial practice. Crime lead to social and public interests of the state, the collective losses brought criminal incidental civil action, the the procuratorial organs according to law, the full and effective implementation of the terms of reference, whether in the legislative, judicial or legal theory, are restricted to even suspect from the prosecution filed the practice of the civil litigation system, specific judicial practice of the system are examined, that the history of the system, the sense of value applicable legislative and judicial perfect detail to The present judicial practice of guiding significance. The article is divided into four parts: the first part of the welfare Criminal Incidental Civil Action historic considerations. First of all, the introduction of the process and its running status of welfare Criminal Incidental Civil Action generated; Second on running after its enactment, including legislative provisions are not perfect, tion light China's widespread awareness and judicial resources with quite reasonable, legislative and judicial provisions. The second part of the analysis of the value of the welfare incidental civil action. Consists of two levels: the practical significance, such as to ensure that the national and public interests effectively resolve social conflicts, restore damaged social relations is conducive to temper justice with mercy criminal policy implementation and avoid the loss of state-owned assets. Second, is beneficial in the sense of the system, the change in the way of criminal proceedings and prosecutorial agencies to oversee the expansion of the pathway. The third part of welfare criminal the incidental civil justice run Analysis. In judicial practice, mainly the following drawbacks: First, the law understandable inconsistent; uneven implementation of judicial practice; Third, the judicial enforcement of no effect; Fourth judicial enforcement of the controversial results of these drawbacks have a serious impact on the smooth running of the welfare incidental civil action. The fourth part, nonprofit criminal fringe the Civil Legal running mechanism. First, to accurately determine the country, the collective property of the scope and range of the cases handled; Second, determine the conditions for prosecution, the identity of the subject of litigation and legal status, applicability mediation applicability counterclaim whether the protest as well as the supervision of the implementation of the results of and so do the detail.

Related Dissertations

  1. Of Environmental Rights suability,D922.68
  2. Environmental Public Interest Litigation Plaintiff Qualification,D925.1
  3. On the malicious litigation,D925.1
  4. Justice Strategies of Employment Discrimination,D925
  5. State-owned Forest Resources Management Information System Structure,F326.2
  6. On the Practical Investigation and Comment about the Exercise of the 《Measures for the Payment of Litigation Costs》,D925
  7. Positioning of the prosecution filed the functions of the Environmental Public Interest Litigation and System Construction Research,D926.3;D922.68
  8. Empirical Analysing on Our Courtry’s Civil Lawsuit Conciliation System,D925.1
  9. The Prosecution Filed Public Interest Litigation System Research,D926.3
  10. The Investigation Report of the Urging of Civil Prosecution in Gansu Provincial Procuratorial Organs,D926.3
  11. The Study to the Plaintiff’s Qualification of Administrative Public Interest Litigation in China,D925.3
  12. A Study of the Standardization of Sentencing Recommendations for Procuratorial Organs,D926.3
  13. On Establishment of Chinese Administrative Public Prosecution System,D925.3
  14. Public Interest Litigation System of the State-owned Assets,D922.291
  15. Case Analysis on Confirm the Real Estate Dispute of Zhangfucun Charged by Lushiwei,D923.2
  16. An Analysis of the Civil Mediation in the Period of the Republic of China,D929
  17. Argument on Plaintiff’s Qualification of Administrative Litigation,D925.3
  18. Based on the theory of medical disputes ADR Arbitration Mechanism,R-051
  19. On the Construction of an Citizen Suit System in China,D922.68
  20. On Constructing the Public Interest Litigation of China,D925
  21. Research on Legal System and Problems on the Public Paticipation in EIA of China,X820.3

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
© 2012 www.DissertationTopic.Net  Mobile