Study On Problems Of Civil Suit Collateral To Criminal Proceedings

This paper is divided into four parts discussing the system of civil suit collateral to criminal proceedings. In Part I, the author analyzes and evaluates various theories of the composing conditions of civil suit collateral to criminal proceedings, arguing that the acts of the defendant, which become crimes, belong to the jurisdiction of the people's court accepting criminal cases, the prosecutor must have the ability of civil suit rights and acts, the victim must be damaged materially and such factors as clear defendant, etc. are not the conditions of civil suit collateral to criminal proceedings. Based on the above analysis and evaluation, the composing conditions as civil suit collateral to criminal proceedings can only be the factors determining whether collateral civil suit happens, concretely including that the acts of the defendant are "criminal acts", the acts of the defendant bring about civil damage, and there are relations of cause and effect between civil damage and criminal acts. "Criminal acts" should be understood as "acts investigated as crimes", but not the criminal acts determined by the people's court in the form of effective sentence. "Civil damage" refers to something not beneficial to the victim due to criminal acts, which includes both material and spiritual aspects as well as the direct interests and indirect interests. The relations of cause and effect between criminal acts and civil damage are objective, social and of temporal continuity. The existence of the relations of cause and effect must be that criminal acts have the probability of bringing about civil damage and have brought about damage in reality.Aiming at the current situation of inconsistent recognition of the scope of accepting cases of civil suit collateral to criminal proceedings in criminal judgement, in Part II the author analyzes that the main reason of existence of non-uniform recognition is the incomplete regulation of law and non-uniform understanding of law. Article 77 of Criminal Law only stipulates that the victim has the right to present collateral civil suit due to the material damage by the criminal acts of the defendant, but not further stipulates which cases of material damage a collateral civil suit can be presented for, and the regulation dispels the collateral civil suit of cases bringing about spiritual damage, which conflicts with the civil law and goes against the original intention of establishing the system of collateral civil suit. In order to resolve the uncertainty in Article 77 of Criminal Law, the law determines the scope of cases for which a collateral civil suit can be presented. Regulations on Problems of the Scope of Civil Suit Collateral to Criminal Proceedings of the People's Supreme Court defines the scope of cases presenting collateral civil suit as that the rights of the person are violated by criminal acts and properties are damaged by criminals. Although such a regulation makes the scope of cases presenting collateral civil suit concrete and increase operation, it is in the conflict with the regulation of Article 77 of Criminal Law, and excessively limits the scope of cases presenting collateral civil suit. Concerning the limitation and conflict of the current law, the author thinks that the rational definition of the scope of cases presenting collateral civil suit should consider such factors such as whether criminal acts bring about objective damage, whether such damage can be compensated, whether the compensation can be realized and whether the judgement is suitable to the value of collateral civil suit, etc.. Based on this, such crimes as swallowing up and damaging public and private properties, infringing on the personal rights, reputation and personal dignity of a citizen, violating the commodity prestige and reputation of the judicial person should allow the victim to present a collateral civil suit in criminal proceedings. The civil suit collateral to criminal proceedings is mainly to solve the problem of compensation for civil damage. Only in the guidance o...