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Reflection And Reconstruction Of The Litigation Mode Of Criminal-Civil Intersection Cases

Posted on:2024-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:S F LiuFull Text:PDF
GTID:2556307124981209Subject:Science of Law
Abstract/Summary:
Criminal-civil intersecting cases involve a wide range of cases,showing the complexity of legal facts,the intersection of legal relations and the relevance of legal responsibilities in judicial practice.Affected by my country’s traditional heavy punishment legal culture,judicial practice has long adopted the "punishment before the people" litigation model to try cases,and judicial interpretations have also recognized the "first punishment before the people" litigation model,but economic society and the rule of law with the rapid development of the law,the limitations of the "criminal first,civil later" litigation model are increasingly exposed.In order to break through the limitations of the "Punishment before the people" litigation model,the academic circles have proposed two litigation models: " Civil before the Punishment " and "Criminal and civil parallel ".The litigation mode of "civilian first,punishment later" can effectively solve the problem of difficult execution in judicial practice;In view of the confusion and limitation of the application of the three litigation modes,it is necessary to remove the legal thinking of severe punishment and strengthen the protection of the rights and interests of the parties;at the same time,the legal facts are used as the classification standard to classify the criminal-civil cases,and the accurate application for different types of cases Litigation mode,straighten out the connection procedures of cases,and improve the efficiency of litigation.
Keywords/Search Tags:Criminal and civil cases, Litigation mode, Legal facts, Type
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