Criminal With A Number Of Issues In Civil Litigation

The action adhered to the criminal proceeding is complicated, which has a great large persent in the suit, and has some casus omissus, wheras the legislation is so simple and paraphernal that only a few explains by the Supreme People's Court are widely used in the judicial practice. According to the academic research in recent years, the foucs is how to determine the party in the action and whether the suffering is liability, etc. which remain to be further discussed, for the ditterent notion between theory and practice. By comparing the legislations and theories, we'll discuss how to dermine the party in the action and whether the suffering is liability, and the relationship between the liability and penalty. And then we'll analyze these problems by some particlly cases in the judicial practice. As result, the author will put forward some suggestins about how to perfect legislation.The thesis has more than 33000 words, wihci consists of introuduction, body and conclusion. The body has 3 chapters.The introduction gives a brief account of the legislation about the action adhered to the criminal proceeding and the relative contentious in recent years with the theoretical background. Based on the internal legislation and judicial practice, this part lays more emphasis on the importance of the theoretical research.Chapter 1 is about the determinatin of the part in this action. The author thinks that the victim's attorney can't be the plaintiff in this action when the victim is doli incapax or restrainted , and the next of kin who is lossed in crime can be the plaintiff when the victim is died, by showing ditterent conditions about how to determine the plaintiff and the defendant in this action. And for the defendant, theauthor discuss how to undertaking the liaibility under the conditions of the accomplice , and whether the unit and the person beyond the offender has the liability.Chapter 2 is compensation in this action. After discuss the significance and the content by comparing the controversial topics in theory, the author refer to the note that the suffering is not liability, the character and standard of the compensation for the died.Chapter 3 refers to the legislate relation between liability and penalty. According to the interest among the country, the plaintiff, the defendant, espailly their relationship and controversion, the author advocate that the right of penalty which noted the countri's interest can be transferable. Adopting that there is risk and cost in the plea bargaining and the action accord, and the issue that justice is limiter and valued, and the certainly for the victim join the suit, according with the practice need, the author illustrates the legislate relation between liability and penalty.The conclusion is a summary of the main ideas of the thesis.