Criminal Incidental Civil Lawsuit Probing:from The Reality To The Ideal

In China, the criminal and attached civil lawsuits system is legislated from the foundation of PRC. Compared with the other regulations, the legislation period is not short, but the position is still under peripherization. There are few relevant laws, and few deep researches in legal field. Whether the lawsuit system shall be abolished or be kept and be improved is still under arguing. The author considers that the criminal and attached civil lawsuits systems have important value in maintaining social equity and justice; and safeguard social harmonious development from the regulation history and justice experience. Compared with practice of countries around the world, it is realistic and appropriate to reserve this system in recent time. It is realistic trend to establish the criminal and attached civil lawsuits systems. Meanwhile, it is the functional request of taking advantage of criminal laws reasonably. Thus, from the national situation and tradition of law and culture, analyze the social values of the criminal and attached civil lawsuits systems on the base of their creation and development and do research for the predicament and causes of the criminal and attached civil lawsuits systems in accordance with the justice practice and litigation mode abroad. Analyze the criminal and attached civil lawsuits systems deeply with variety of statistical data and cases so that discover problems of subject and guarantee of lawsuit right in the range of attached civil. The absent judgments, property preservation, countercharge and mental damage compensations are involved in the scope of attached civil lawsuits compensation. The criminal and attached civil lawsuits systems will be approved. The lawsuit benefit and lawsuit commercial principles can be explored by establishing scientific, reasonable and operated the criminal and attached civil lawsuits systems which are interdependent from civil lawsuit system so that it can insure the union between law impacts and social impacts of civil judgment.