On Civil Suit Collateral To Criminal Litigation

The case of civil suit collateral to criminal litigation has long been a difficulty in criminal-trial practice. The Supreme People's Court has made judicial interpretations about civil suit collateral to criminal litigation time after time, but without remarkable effect. Meanwhile, many defects still exist in the judicial interpretations and criminal procedure law about the system of civil suit collateral to criminal litigation. In addition, the judicial interpretations are in contradiction with what the criminal procedure law and correlative civil law ordain. The essence of the substantive law of civil suit collateral to criminal litigation is obligations arising from civil torts, and the essence of procedural law is suit of the civil torts. Civil suit collateral to criminal litigation is a combined litigation for the coincidence of legal article of criminal law and civil law, which happens when an act is prescribed not only a crime by the criminal law but also a civil tort by the civil law. Given that these two litigations originate from the same facts, there comes the necessity and possibility of combining them. About the case scope of civil suit collateral to criminal litigation, the current law and judicial interpretations has summarized that to the criminal case, it is defined as the guilt of violating personal rights or destroying property; to the civil damage, and are not beneficial loss but not spiritual loss. Such regulations are one-sided, and are not beneficial to fully protect the civil rights of victim. The writer argues that civil suit collateral to criminal litigation can be applied to the compensation of person, property, and spiritual loss which are caused by the crimes of endangering country's security, financial grift, infringing intellectual property, violating citizen's personal rights anddemocratic rights. According to discussing and analyzing the system of civil suit collateral to criminal litigation, the thesis brings forward the suggestions and considerations on improving the system of civil suit collateral to criminal litigation.