Reconstruct Of Civil Lawsuit System Attached To Criminal Lawsuit System

Civil lawsuit system attached to criminal lawsuit system, which is a rather controversial issue aims at solving the civil responsibilities relevant to criminal acts. The thesis not only bases itself on the legislative experiences from both at home and abroad, but also analyzes the problems existing in our legislative system. Thus it put forwards some ideas how to reconstruct our current system. The thesis comprises four sections:Section I deals with the system's origination and development. First of all, it briefly narrates the source of the system --the Redemption system in ancient China. Secondly, it analyzes the legislative experiences of Franc, Germany, England and the U.S.S.R, from which we can draw lesson. Thirdly, it comes to a conclusion that our legislative system neglects the independence of the civil lawsuit system because of the long tradition, which favors criminal lawsuit instead of civil lawsuit.Section II deals with the system's nature and value-orientation. On the one hand, on the basis of analyzing the relationship between criminal lawsuit and civil lawsuit as well as with reference to the basis constitution of suit, it arguer that civil lawsuit attached to criminal lawsuit is a kind of special civil lawsuit, and thus delimits it in terms of its nature. On the other hand, it clarifies the consideration of justness and efficiency, but also the pursuit of safeguarding the victim.Section III deals with the problems and controversies existing within the system. It clarifies the necessity of reconstructing the system. The reasons are as follows: First of all, the system consists of some internal conflicts, such as, lawsuit objective value, lawsuit justness value, lawsuit efficiency value and proof regulation etc, thus integrated them with the relevant legislative regulation of our country, it analyzes these conflicts in the deep level in terms of the legislative theory. Secondly, it clarifies the problems coming into play while the system is being carried out. Thirdly, both a positive and a negative point of vieware being adopted towards the system. However, both agree on the necessity of reconstructing the system.Section IV, which is the core of the thesis, deals with the probe into the reconstructing of the system, there main point are discussed. First of all, three basic principles with regard to the system are put forward: the principle of special trial, the principle of the equal importance of criminal lawsuit and civil lawsuit, the principle of efficiency. Secondly, it delimits the scope of civil lawsuit attached to criminal lawsuit from the standpoint of procedure. It also argues that spiritual loss should be included within the scope of compensation. At the same time, it clarifies the six indictment conditions required for the compensation of spiritual loss. Thirdly, six aspects of reconstructing hypotheses concerning the civil lawsuit attached to criminal lawsuit are put forward : to set indictment time limit between the date in which the procuratorial organization determines its public prosecution and the end of the first trial court's investigation on criminal cases ; to abolish the procuratorial organization's indictment power to attached to criminal lawsuit should be tried simultaneously with the criminal lawsuit; to establish the rule of " Criminal and Civil Dead "; the regulate that the attached civil lawsuit should pay litigation casts; to establish the national compensation principle of criminal victim.