The Reform Of The Civil Suit Collateral To Criminal Proceedings System

Civil suit collateral to criminal proceedings system has a long history, it originated from the atone system in the slavery society. It developed with the advancement of productivity and society by inches. Civil suit collateral to criminal proceedings is a special kind of civil proceedings. It has the characters of subservience, adherence and separation. The establishment of this system combines the criminal prosecution and the civil proceedings together organically, and also increases efficiency and benefit of litigation. It is in favour of the protection of the estate of the state, the collective and the individual. And this system should have been a good show. Both our two criminal procedure laws have the clause about the civil suit collateral to criminal proceedings. But they were with strong principles and were not good to practical application. So the dispute of its existence in the academia was brought into view. Look at the laws in world countries, civil suit collateral to criminal proceedings system is not only exist in the continental law system, but also appear in the Anglo-American law system. We can see the rationality of the existence of this system from such a simple truth that most countries put it in their laws.Civil suit collateral to criminal proceedings is not just only criminal prosecution or civil proceedings, it has its own characters. The beginning of civil suit collateral to criminal proceedings should be under certain condition. If the condition does not exist any longer and so the Civil suit collateral to criminal proceedings can not exist either. The progression of civil suit collateral to criminal proceedings requires both the condition of program and the condition of essentiality. The outcome of the civil suit collateral to criminal proceedings is the criminal's responsibility of civil. So the emphasis of the reform of civil suit collateral to criminal proceedings includes the range of plaintiff and defendant, the range of compensation for damage. If we improve those clauses and the Civil suit collateral to criminal proceedings can be sophisticated at the same time.Every system has its own deficiency. Civil suit collateral to criminal proceedings can play a useful role in the protection of the victim's rights, but sometimes it can do nothing. The system of state compensation for criminal victims can redeem the defect of civil suit collateral to criminal proceedings system.