A Research On Improving The System Of Supplementary Civil Action In Criminal Proceedings Of China From The Perspective Of Damages

In the process of criminal proceedings, when settling the defendant's criminal responsibilities, the judicial authority also solves the damages caused by the defendant's crimes, and this litigation activity is generally called supplementary civil action in criminal proceedings. In China, in legal sense supplementary civil action in criminal proceedings refers to the litigation activity that public security and judicial authorities incidentally solve the damages resulting from the defendant's crimes when settling the defendant's criminal responsibilities. It can be seen that it is an important system in criminal proceedings, contains necessary procedures, and solves the inherent problems to the damages caused by the defendant's crimes. The Criminal Law and The Criminal Procedure of China provide relevant standards for this issue and also introduce a series of judicial interpretations and approvals in succession.Along with the deeper theoretical researches, especially with the development and upsurge of victims protection campaign in the 1960s, the deficiencies of supplementary civil action in criminal proceedings in civil compensation to the victims (including all incidental civil plaintiffs) have been graduately exposed. For example, there are certain limitations in judicial interpretations themselves, judicial interpretations don't coordinate with each other,"The Criminal Procedure","The General Rule of the Civil Law"and other laws have conflicts with judicial interpretations. As a result, law-executors practice differently in law enforcement, and victims' rights to civil damages are not adequately protected. It is a pity that the intention of legislation is not effectively implemented, but this litigation system, especially compensation issue, becomes one of the focuses for many legal scholars.By elaborating the existence value of supplementary civil action in criminal proceedings, this paper reaffirms its vital role in protecting the reparation rights of incidental civil plaintiffs. Meanwhile, it points out the deficiencies in current legislation and practices, and proposes specific solutions to help improve the system on the basis of protecting plaintiffs'rights. The paper is divided into four parts:The first chapter is an overview of the system of supplementary civil action in criminal proceedings. The concept, nature and value of the system are introduced firstly. Different from penal actions and civil actions, this system is a special civil action and has certain independence. Its value in protecting victims'interests is illustrated in the last place.The second chapter is a comparative study on this system. This part respectively Introduce and evaluate the specific systems of compensation to victims in Taiwan of China and the major countries which apply "collateral-style" and "parallel" action models, and reflect their value to the litigation system of our country.The third chapter is a survey of supplementary civil action in criminal proceedings of China, which is the beginning of the core content of this article. By expounding legislation contradictions, extremely narrow scope of compensation, different standards of compensation, and other problems, this part illustrates the necessity and urgency to improve the existing system.The fourth chapter proposes suggestions for this system. As for the problems mentioned in the third chapter, this part puts forward solutuions one by one, chiefly harmonizing legislation conflicts, expanding the scope of compensation, unifying compensation standards, and establishing national compensation system.