Reflecting On Criminal Action With Civil Case Research

The creation and existence of the Procedure of Civil Suit Collateral to CriminalProceedings ("Procedure") are the results of concurrent existence of the public lawand private law, and Procedure is designed to solve the problem of co-existence andundertaking of two kinds of liabilities facing one act violating both criminal law andcivil law. Procedure has played a positive role in simplifying the litigation proceeding,reducing the procedural burden of the litigant and minimizing the harm and damagearisen from the criminal act. The case of civil suit collateral to criminal litigation haslong been a trouble in the criminal-trial practice of our country. The SupremePeople's Court has made judicial interpretations about civil suit collateral to criminallitigation time after time, but without remarkable effect. Meanwhile, many defectsstill exist in the judicial interpretations and criminal procedure law about the systemof civil suit collateral to criminal litigation. Under the mode of Procedure the conflictand contradiction still exist in the theoretic bases, legislation and judicial practice dueto the difference in nature between civil litigation and criminal one;and somedeficiencies do exist in Procedure itself. There is still a lot of dispute in the field ofschool .In judicial practice, every court also has difference utterly when handling theproblem because of recognizing difference. At the same time, Procedure iscompletely depended on criminal procedure, which has made a negative effect on itsrole in the whole procedure. As a result, courts and litigants are all confused at it. Alot of scholars suggest that this system be cancelled. Author has been working incriminal court for 11 years and is familiar with these problems. She thinks thatProcedure still has values in China now and it is better to keep it. As a judicialpersonnel, from the practical trial and hearing point of view, Author has studied onthe legal features and values of Procedure, the range of cases covered by it,confirmation of the litigant and substantive and procedural matters, amongst otherissues, by considering the difficulty and perplexity caused by such deficiency, tryingto find a new method to clarify the existed obscurity in Procedure and proposeconstructive suggestion for the aim of establishing a more reasonable and scientificsystem, offering more option to the victim for application of Procedure, balancing andharmonizing the public law remedy and private one.