2014Journal of Zhejiang Normal UniversityRequires access

On Civil Lawsuit Pretrial Mediation Attached to Criminal Lawsuit

Song Gaoch

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Abstract

Currently,there is no unified legislation about the civil lawsuit pretrial mediation attached to criminal lawsuit in our country,which will cause the parties' appeal to civil lawsuit pretrial mediation attached to criminal lawsuit being unsupported in the course of criminal investigation and prosecution. The paper points out that based on the nature of attached civil lawsuit,it is theoretically feasible to carry out civil lawsuit pretrial mediation during the process of criminal investigation and prosecution. In order to strengthen the feasibility of civil lawsuit pretrial mediation attached to criminal lawsuit in reality,we shall establish the incentive mechanism of the pretrial mediation,limit the pretrial mediation case scope,grasp the mediation condition flexibly and strengthen the explanation of the mediation results associated with the defendant's penalty.

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What this paper is about

Currently,there is no unified legislation about the civil lawsuit pretrial mediation attached to criminal lawsuit in our country,which will cause the parties' appeal to civil lawsuit pretrial mediation attached to criminal lawsuit being unsupported in the course of criminal investigation and prosecution. The paper points out that based on the nature of attached civil lawsuit,it is theoretically feasible to carry out civil lawsuit pretrial mediation during the process of criminal investigation and prosecution. In order to strengthen the feasibility of civil lawsuit pretrial mediation attached to criminal lawsuit in reality,we shall establish the incentive mechanism of the pretrial mediation,limit the pretrial mediation case scope,grasp the mediation condition flexibly and strengthen the explanation of the mediation results associated with the defendant's penalty.

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Available abstract

Currently,there is no unified legislation about the civil lawsuit pretrial mediation attached to criminal lawsuit in our country,which will cause the parties' appeal to civil lawsuit pretrial mediation attached to criminal lawsuit being unsupported in the course of criminal investigation and prosecution. The paper points out that based on the nature of attached civil lawsuit,it is theoretically feasible to carry out civil lawsuit pretrial mediation during the process of criminal investigation and prosecution. In order to strengthen the feasibility of civil lawsuit pretrial mediation attached to criminal lawsuit in reality,we shall establish the incentive mechanism of the pretrial mediation,limit the pretrial mediation case scope,grasp the mediation condition flexibly and strengthen the explanation of the mediation results associated with the defendant's penalty.

Key concepts: Lawsuit, Mediation, Law, Appeal, Political science, Criminal procedure, Civil procedure

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