刑事附带民事诉讼案件执行问题的研究

发布时间：2018-11-06 13:25

【摘要】：刑事附带民事诉讼案件执行难是全社会近年来普遍关注的热点问题,也是人民法院一个必须正视和亟待解决的问题。新修改的刑事诉讼法和民事诉讼法从立法上有了一定程度的完善,但还存在一些不足,通过对某法院刑事附带民事诉讼案件实际执行情况进行分析,从执行难和执行不能两种情况中找到刑事附带民事诉讼案件执行问题的原因及危害,通过完善和健全刑事附带民事诉讼案件执行的法律规范及制度,如保全机制、个人财产制度、社会信用体系,同时构建激励被告人积极履行义务的措施和建立刑事被害人国家救助机制,以求化解这一困境。在审判阶段、刑罚执行过程中激励被告人积极履行义务和建立刑事被害人国家救助机制,从根源着手解决问题,试图在刑事附带民事诉讼案件执行问题中找到新的出路。刑事附带民事诉讼案件执行对于有效化解社会矛盾纠纷,保证被害人及时得到赔偿,具有重要作用,也是广大群众广泛关注的问题。所以,刑事附带民事诉讼案件执行难的问题必须认真加以解决,以维护法律的尊严,维护社会的稳定,维护司法的公信力,为我国的司法改革和社会健康稳定提供强有力的保证。
[Abstract]:The difficulty of execution of criminal incidental civil litigation cases is a hot issue that the whole society has paid close attention to in recent years, and it is also a problem that must be faced squarely and solved urgently by the people's court. The newly amended Criminal procedure Law and the Civil procedure Law have been improved to a certain extent in legislation, but there are still some shortcomings. Through the analysis of the actual implementation of the criminal incidental civil litigation cases in a certain court, To find out the cause and harm of the execution problem in the case of criminal incidental civil action from the two situations of difficulty of execution and difficulty of execution, and to perfect and perfect the legal norm and system of execution of the case of criminal incidental civil action, such as the preservation mechanism, Personal property system, social credit system, the construction of measures to encourage the defendant to actively fulfill their obligations and the establishment of a criminal victim national relief mechanism, in order to resolve this dilemma. In the trial stage, the defendants are encouraged to fulfill their obligations actively and to establish the national relief mechanism for the criminal victims in the process of the trial, to solve the problem from the root causes, and to try to find a new way out in the execution of the criminal incidental civil litigation cases. The execution of criminal incidental civil litigation cases plays an important role in effectively resolving social conflicts and disputes and ensuring that the victims are compensated in a timely manner. It is also an issue of widespread concern to the broad masses. Therefore, the difficulties in the execution of criminal incidental civil litigation cases must be seriously resolved in order to safeguard the dignity of the law, the stability of society, and the credibility of the administration of justice. For our country's judicial reform and social health and stability to provide a strong guarantee.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2

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