浅析刑事附带民事诉讼调解在实践中的问题及对策（国外英文资料）.docVIP

浅析刑事附带民事诉讼调解在实践中的问题及对策（国外英文资料） To analyze the problems and countermeasures in practice Author: hu jinhua release time: 2011-06-24 11:16:52 The issue of criminal incidental civil compensation has always been a difficulty in the criminal trial. In recent years, the civil suit collateral to criminal cases caused by a rising trend year by year, the cases of rose significantly increased the workload of criminal justice, affect the efficiency of criminal trials, at the same time, the implementation of an incidental civil action difficult, also bring some negative social effect. Mediation will be fully applied to criminal trial, give full play to the role of mediation in incidental civil disputes, safeguard the legitimate rights and interests of citizens, to resolve social conflicts, ease the implementation difficulty, achieve justice, maintain peace and stability, promote social harmony, is of great significance. So the mediation has become an important approach to solve the civil suit collateral to criminal proceedings, it is play a great role in the trial practice, from a certain extent, embodies the superiority of mediation system. But under the current legal framework, there are still some difficulties and confusion in the mediation of a civil lawsuit. This paper tries to analyze these problems and puzzles, and puts forward the countermeasures to improve the system of criminal incidental civil mediation. The legality and necessity of conciliation The criminal incidental civil action may apply to the mediation of the legal basis. The supreme peoples court on the execution criminal procedure law of the Peoples Republic of China , the explanation of some issues the ninety-sixth regulation: of civil suit collateral to criminal cases except procuratorate filed can mediate. Conciliation shall be conducted on the basis of voluntary legal. The supreme peoples court on some issues of the peoples court civil mediation work regulations stipulated in article 21: the peoples court