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Criminal Incidental Civil Action System for Research

Author: ZhangXueFeng
Tutor: FengHuiMin
School: Hebei University
Course: Legal
Keywords: Criminal with civil Conflicts Perfect
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 69
Quote: 0
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Abstract


With the deepening of China's reform and opening-up process and the rapid development of the national economy , the legal awareness of citizens are constantly enhanced criminal incidental civil action caused by criminal behavior substantial growth in the number of civil compensation court criminal trial facing new problems . Incidental civil action provides a simple, fast, free , and efficient relief to the victim , fully embodies the concept of our judicial system of justice with mercy, punishment and education combined . I, as a the grassroots courts criminal trial staff , deeply felt Criminal Incidental Civil Action importance , feasibility and judicial practice exposed a series of questions . China 's Criminal Incidental Civil Action to set up a short time, the law and judicial interpretation incomplete contradictions between civil and criminal litigation and conflict of laws , in addition to our criminal with civil provisions of lack of interoperability , many systems can not be implemented , damage the legitimate rights and interests of the defendant and the victim or even a third party . Departure from the perfect angle Incidental Civil Action , first proposed the general theory of Incidental Civil Action , in-depth analysis of the nature and characteristics of the system and summarized its significance from the scope of acceptance , speaking of the subject , the subject of compensation , the compensation range four aspects incidental Civil Action , by comparing the advantages and disadvantages of common law , civil law system , various defects of incidental civil action in the legislative and judicial practice , combined with the author of nearly a decade of grassroots criminal trial practice and Experience , updated judicial philosophy and integrated institutional structure of the two -pronged approach , and finally proposes few ideas to improve our incidental civil action , trying to explore a model of development suited to China 's national conditions . Through the improvement of ideological and institutional , prompting the Criminal Incidental Civil Action to get better and faster development .

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