我国刑事附带民事诉讼制度研究
发布时间：2019-05-14 11:30
【摘要】：我国刑事附带民事诉讼制度,是将民事赔偿诉讼和刑事诉讼合并审理,对于提高诉讼效率,促进被害人的民事赔偿问题及时公正的得到判决,维护好被告人的合法权益等方面有着重要的现实价值,具有程序价值、实体赔偿价值和公正价值有利于实现立法和惩罚犯罪和保障人权的目的。文章的主文主要通过阐述我国刑事附带民事诉讼的法律渊源、概念和价值进行分析,从现有的法律法规入手,分析该制度的原、被告主体范围、受案范围、赔偿范围、当事人程序选择权,找到立法方面的缺陷,然后再结合司法审判实践,分析其司法缺陷,尤其是刑事附带民事诉讼的执行问题和刑事附带民事诉讼调解与和解制度的现状。通对该制度立法缺陷和司法现实困境实践中,提出改进和完善的途径。首先要完善刑事附带民事诉讼相关立法,实现立法体系的协调统一,对赔偿范围方面要增加精神损害赔偿,明确案件当事人原被告主体的范围;另外还要完善刑事和解与附带民事调解制度,在总结刑事和解与附带民事调解的价值基础上,提出我国刑事和解与附带民事诉讼和解完善的具体建议;刑事附带民事诉讼制度的完善,还应赋予刑事被害人程序选择权,选择提起刑事附带民事诉讼或者独立提起民事诉讼。还要建立刑事被害人国家补偿机制,将国家作为刑事被害人的补偿主体对特定范围的被害人予以的一种经济照顾,是犯罪人损害赔偿的必要补充,以此来矫正被犯罪破坏的正义,平复被害人的失衡心理,从而保护被害人的合法权益,维护社会的长治久安。通过主文的上述分析得出,刑事附带民事诉讼制度尚未在我国立法和司法上得到足够的重视,诸多问题仍未得到完满解决,这些就是审判实践中的隐患,其制度功能和法律价值未能有效发挥和发掘,因此具有探讨和研究必要性。
[Abstract]:The system of civil proceedings attached to criminal law in our country is to combine civil compensation proceedings with criminal proceedings in order to improve the efficiency of proceedings and promote the timely and fair judgment of the civil compensation of victims. Safeguarding the legitimate rights and interests of the defendant is of great practical value, with procedural value, and the value of substantive compensation and justice is conducive to the realization of legislation and punishment of crimes and the protection of human rights. The main article of this paper is mainly through the analysis of the legal origin, concept and value of the criminal collateral civil action in our country, starting with the existing laws and regulations, analyzing the original of the system, the scope of the defendant's subject, the scope of accepting the case and the scope of compensation. The right to choose the procedure of the parties, find the defects in legislation, and then combine the judicial trial practice, analyze its judicial defects, especially the implementation of criminal collateral civil proceedings and the current situation of the mediation and reconciliation system of criminal collateral civil proceedings. In the practice of legislative defects and judicial reality predicament, this paper puts forward some ways to improve and perfect the system. First of all, we should improve the relevant legislation of criminal collateral civil proceedings, realize the coordination and unity of the legislative system, increase the scope of compensation for spiritual damage, and clarify the scope of the original defendant of the parties to the case. In addition, it is necessary to improve the system of criminal reconciliation and collateral civil mediation. On the basis of summing up the value of criminal reconciliation and collateral civil mediation, this paper puts forward some concrete suggestions on the perfection of criminal reconciliation and collateral civil litigation reconciliation in our country. In order to perfect the system of criminal collateral civil action, we should also give the criminal victim the right of choice in the procedure, choose to initiate the criminal collateral civil action or initiate the civil action independently. It is also necessary to establish a national compensation mechanism for criminal victims, and to take the state as the main body of compensation for criminal victims as a kind of economic care for victims in a specific range, which is a necessary supplement to the compensation for damages of criminals. In order to correct the justice destroyed by the crime, calm the unbalanced psychology of the victim, so as to protect the legitimate rights and interests of the victim and maintain the long-term stability of the society. Through the above analysis of the main article, it is concluded that the system of criminal collateral civil action has not been paid enough attention to in the legislation and judicature of our country, and many problems have not been completely solved, which are the hidden dangers in the trial practice. Its institutional function and legal value can not be effectively brought into play and excavated, so it is necessary to explore and study.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2476676
[Abstract]:The system of civil proceedings attached to criminal law in our country is to combine civil compensation proceedings with criminal proceedings in order to improve the efficiency of proceedings and promote the timely and fair judgment of the civil compensation of victims. Safeguarding the legitimate rights and interests of the defendant is of great practical value, with procedural value, and the value of substantive compensation and justice is conducive to the realization of legislation and punishment of crimes and the protection of human rights. The main article of this paper is mainly through the analysis of the legal origin, concept and value of the criminal collateral civil action in our country, starting with the existing laws and regulations, analyzing the original of the system, the scope of the defendant's subject, the scope of accepting the case and the scope of compensation. The right to choose the procedure of the parties, find the defects in legislation, and then combine the judicial trial practice, analyze its judicial defects, especially the implementation of criminal collateral civil proceedings and the current situation of the mediation and reconciliation system of criminal collateral civil proceedings. In the practice of legislative defects and judicial reality predicament, this paper puts forward some ways to improve and perfect the system. First of all, we should improve the relevant legislation of criminal collateral civil proceedings, realize the coordination and unity of the legislative system, increase the scope of compensation for spiritual damage, and clarify the scope of the original defendant of the parties to the case. In addition, it is necessary to improve the system of criminal reconciliation and collateral civil mediation. On the basis of summing up the value of criminal reconciliation and collateral civil mediation, this paper puts forward some concrete suggestions on the perfection of criminal reconciliation and collateral civil litigation reconciliation in our country. In order to perfect the system of criminal collateral civil action, we should also give the criminal victim the right of choice in the procedure, choose to initiate the criminal collateral civil action or initiate the civil action independently. It is also necessary to establish a national compensation mechanism for criminal victims, and to take the state as the main body of compensation for criminal victims as a kind of economic care for victims in a specific range, which is a necessary supplement to the compensation for damages of criminals. In order to correct the justice destroyed by the crime, calm the unbalanced psychology of the victim, so as to protect the legitimate rights and interests of the victim and maintain the long-term stability of the society. Through the above analysis of the main article, it is concluded that the system of criminal collateral civil action has not been paid enough attention to in the legislation and judicature of our country, and many problems have not been completely solved, which are the hidden dangers in the trial practice. Its institutional function and legal value can not be effectively brought into play and excavated, so it is necessary to explore and study.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
【参考文献】
相关期刊论文 前1条
1 范进学;;认真对待“社会主义法治理念”[J];山东社会科学;2011年02期
，本文编号：2476676
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