Dissertation > Excellent graduate degree dissertation topics show

Reflecting on Criminal Action with Civil Case Research

Author: TuYanHong
Tutor: ZhangCheng
School: Tsinghua University
Course: Legal
Keywords: Value Mental injury Scope of the compensation State compensation
CLC: D925.2
Type: Master's thesis
Year: 2005
Downloads: 432
Quote: 6
Read: Download Dissertation

Abstract


The creation and existence of the Procedure of Civil Suit Collateral to CriminalProceedings (“Procedure”) are the results of concurrent existence of the public lawand private law, and Procedure is designed to solve the problem of co-existence andundertaking of two kinds of liabilities facing one act violating both criminal law andcivil law. Procedure has played a positive role in simplifying the litigation proceeding,reducing the procedural burden of the litigant and minimizing the harm and damagearisen from the criminal act. The case of civil suit collateral to criminal litigation haslong been a trouble in the criminal-trial practice of our country. The SupremePeople’s Court has made judicial interpretations about civil suit collateral to criminallitigation time after time, but without remarkable effect. Meanwhile, many defectsstill exist in the judicial interpretations and criminal procedure law about the systemof civil suit collateral to criminal litigation. Under the mode of Procedure the conflictand contradiction still exist in the theoretic bases, legislation and judicial practice dueto the difference in nature between civil litigation and criminal one;and somedeficiencies do exist in Procedure itself. There is still a lot of dispute in the field ofschool .In judicial practice, every court also has difference utterly when handling theproblem because of recognizing difference. At the same time, Procedure iscompletely depended on criminal procedure, which has made a negative effect on itsrole in the whole procedure. As a result, courts and litigants are all confused at it. Alot of scholars suggest that this system be cancelled. Author has been working incriminal court for 11 years and is familiar with these problems. She thinks thatProcedure still has values in China now and it is better to keep it. As a judicialpersonnel, from the practical trial and hearing point of view, Author has studied onthe legal features and values of Procedure, the range of cases covered by it,confirmation of the litigant and substantive and procedural matters, amongst otherissues, by considering the difficulty and perplexity caused by such deficiency, tryingto find a new method to clarify the existed obscurity in Procedure and proposeconstructive suggestion for the aim of establishing a more reasonable and scientificsystem, offering more option to the victim for application of Procedure, balancing andharmonizing the public law remedy and private one.

Related Dissertations

  1. An Ethical Analysis of Consumption Values in Contemporary China,F014.5
  2. Research on How Sports Anime Affect Youth Value of Basketball,G841
  3. Dai junior high school students the educational needs of value orientation,G755.5
  4. Study on the Development of Folk Sports Non-Profit Organization,D632.9
  5. Research on Liquidity Requirements and Efficiency in Large-value Payment Systems,TP301.6
  6. The Research on Mechanism of NaHCO3 in the Prevention and Cure of the Dothiorella Gregaria,S763.7
  7. S Philosophy of Wang Yangming,B248.2
  8. The Morphology and Challenges of Contemporary Public Administration Theories,D035
  9. Research on Values of Post-90 Generation under the Influence of the Current Pop Culture,C913.5
  10. The Research on Relationship between Capital Structure and Enterprise Value in Listed Companies of Construction Industry,F426.92
  11. The Comparative Study of Competitive Advantage in the Self-Owned Clothing Brands of Beijing,F426.86
  12. The Empirical Research of the Important Factors of the Financial Risks of Chinese A-share Construction Enterprises Market,F426.92
  13. Research on K-means Optimization Clustering Algorithm,TP311.13
  14. The Clinical Evaluation of Measuring the Horizontal Sulcus to Sulcus Distance by Ultrasound Biomicroscopy,R770.4
  15. Guangzhou Daily Newspaper Group, the industry value chain research,G219.24
  16. The implication structural study interval set,O159
  17. Categories of Second Order Ordinary Differential Equations Existence,O175.8
  18. Biography value of Tibetan literature and its evolution,K28
  19. A Research on the Improvement of Legal System Concerning Labor Dispatching in China,D922.5
  20. The Analysis and Improvement of TCP Vegas Performance in MANET,TN929.5
  21. The Detection System of Aquiculture Based on GSM about Temperature, PH and DO,TP274

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