Study Of Criminal Procedure Supplementary

Criminal incidental civil lawsuit system is in our country's criminal procedure is an important system, our country since 1979 "criminal procedural law" began to criminal incidental civil lawsuit system have been made specific provision, but because our country criminal and attached civil lawsuits lack of scientific GouZhi concept, legislation has the obvious flaw, the relevant provisions too general and vague, make practice presents many problems. Based on our criminal and attached civil lawsuits content and characteristic with foreign criminal lawsuit, through the comparison and analysis the civil litigation in our criminal lawsuit civil litigation in practice the existing problems and causes, and puts forward in the near future to perfect the system and forward to cancel the system of suggestion. This paper is divided into five parts, the first chapter presents our country criminal and attached civil lawsuits concept, characteristic, function and its main content. The second chapter analyze our country criminal and attached civil lawsuits and foreign incidental civil lawsuit comparison. The third chapter presents our country criminal and attached civil lawsuits existing main problems. Section iv analyzes reasons causing the problems. The fifth chapter discusses our country criminal and attached civil lawsuits outlet. I found some through the analysis of the problems and defects can be improved and perfected by legislation, but criminal proceedings and civil lawsuit mode of judgment and proof requirements and evidence rules of contradictions and conflicts, cannot be overcome and the mixing, therefore, I put forward in the near future in May to criminal and attached civil lawsuits modified and perfected, in the long run, should be cancelled criminal and attached civil lawsuits point of view.