2018•Journal of Longyan Teachers CollegeRequires access

On Civil Liability under Criminal Innocence

Liu Weiyin

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Abstract

It is not conclusive at present in China’s law on civil liability under the criminal innocence,thus various procedures have been taken in practice. Because the determination of the facts of civil liability is subordinate to that of criminal liability which is difficult to enforce civil compensation judgment in criminal cases,there are a number of deficiencies in the current civil liability system under the criminal innocence,for example,lack of independent status and subordinating to criminal liability,narrower range of civil liability in criminal cases,and so on. Based on the existing laws in China,the current legislative status of civil liability under criminal innocence has not been clearly defined,which can be improved by establishing the independent status of civil liability in criminal cases and unifying the provisions of civil liability and civil legislation in criminal cases. We should make every effort to make civil liability system under the criminal innocence give full play to its due value.

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It is not conclusive at present in China’s law on civil liability under the criminal innocence,thus various procedures have been taken in practice. Because the determination of the facts of civil liability is subordinate to that of criminal liability which is difficult to enforce civil compensation judgment in criminal cases,there are a number of deficiencies in the current civil liability system under the criminal innocence,for example,lack of independent status and subordinating to criminal liability,narrower range of civil liability in criminal cases,and so on. Based on the existing laws in China,the current legislative status of civil liability under criminal innocence has not been clearly defined,which can be improved by establishing the independent status of civil liability in criminal cases and unifying the provisions of civil liability and civil legislation in criminal cases. We should make every effort to make civil liability system under the criminal innocence give full play to its due value.

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Available abstract

It is not conclusive at present in China’s law on civil liability under the criminal innocence,thus various procedures have been taken in practice. Because the determination of the facts of civil liability is subordinate to that of criminal liability which is difficult to enforce civil compensation judgment in criminal cases,there are a number of deficiencies in the current civil liability system under the criminal innocence,for example,lack of independent status and subordinating to criminal liability,narrower range of civil liability in criminal cases,and so on. Based on the existing laws in China,the current legislative status of civil liability under criminal innocence has not been clearly defined,which can be improved by establishing the independent status of civil liability in criminal cases and unifying the provisions of civil liability and civil legislation in criminal cases. We should make every effort to make civil liability system under the criminal innocence give full play to its due value.

Key concepts: Legal liability, Law, Innocence, Strict liability, Legislature, Legislation, Political science, Criminal procedure

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