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The Study of Mediation of Supplementary Civil Action in Criminal Proceeding in China

Author: ZhouLei
Tutor: ZhuQing
School: Anhui University
Course: Legal
Keywords: Criminal incidental civil mediation Problems in Improve the system
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 161
Quote: 0
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Abstract


China's Criminal Law, Criminal Procedure Law and relevant judicial interpretation given to the victims who suffered material losses due to criminal acts against have filed criminal incidental civil rights. Criminal incidental civil mediation in judicial practice, has been widely used, played a special role in handling incidental civil cases, become an important way to solve criminal incidental civil action constitutes an integral part of the mediation system of China. Full use of and play an active role in criminal incidental civil mediation in criminal trials, incidental civil mediation to resolve disputes, and to protect the legitimate rights and interests of the parties to resolve social conflicts, maintain social stability, promote social harmony, has a very important significance. However, due to the existing criminal law and judicial interpretation of the provisions of the criminal incidental civil relatively slipshod, general, leading mediation greater arbitrariness in the use of criminal incidental civil, even pressure in the right tone, protracted, one-sided pursuit the mediation rate, surface looks legitimate essentially unjust and other problems, failed to reach a value of mediation to pursue goals. In this paper, based on reference materials, combined with their own experience engaged in the practice of criminal trial work, investigate our criminal incidental civil mediation. The paper is divided into three parts. The first part is an overview of our criminal incidental civil mediation system. Cultural background and the history of our criminal incidental civil mediation system first introduced; followed by the introduction of the concept and features of our criminal incidental civil mediation; again Criminal incidental civil mediation role played by; Finally, the development relations and differences between the criminal fringe system of civil mediation and with ordinary civil mediation, criminal reconciliation and the people's mediation, while certainly criminal incidental civil action mediation with the other three exist in common, but also pointed out the differences. The second part of our criminal fringe status quo and the existence of the Civil Mediation System. First introduced our criminal fringe status of civil mediation by the relevant provisions of the existing law, pointed out that the current state of legislation less reflects the provisions of our criminal incidental civil action mediation law, the content is more principle, the general lack of specific operating rules and procedures, and other realities; followed mainly that of criminal incidental civil mediation exist six prominent issues. The third part is about our criminal incidental civil action Mediation System. Existing problems for our criminal incidental civil mediation system, standardize and improve the tempering criminal policy, and then to resolve social conflicts, and promote social harmony, in order to better implement the recommendations from the legislative the institutionally and judicial practice be.

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