Criminal Incidental Civil Action System For Research

With China's reform and opening up process of national economic rapid development unceasingly thoroughly, citizens of the legal consciousness, strengthening criminal behavior caused by the incidental civil lawsuit and increase in quantity, civil compensation as criminal trial court facing new problems. The incidental civil lawsuit victim to provide a simple, quick and free, efficient, fully embodies the remedies the judicial system in China, the "tempering justice with mercy" combination of punishment and education. The author as a grass-roots court judges, the deep feeling of criminal criminal incidental civil lawsuit system of the importance and feasibility and in judicial practice, a series of problems exposed. Our criminal incidental civil lawsuit system due to establish a relatively short time, law and judicial interpretations, incomplete and civil and criminal litigation, and each link exists contradiction in criminal and attached civil lawsuits, the lack of regulation system implementation, and many of the victim, the defendant or damage the lawful rights and interests of the person. From the incidental civil lawsuit system of perfect Angle, the incidental civil lawsuit system of general theory, its purpose and meaning, and the advantages and disadvantages of the domestic and foreign relevant system, puts forward the incidental civil lawsuit defects of nearly ten years, and combining the practice of basic criminal trial and improve our experience, the article proposes some tentative plans of incidental civil lawsuit, tries to explore a suitable for China's national conditions of development mode. Hope that through ideological system with perfect, make our criminal incidental civil lawsuit system get better and faster development.