On Separating Criminal Prosecution With Civil Prosecution In Criminal Prosecution Attached With Civil Prosecution

The criminal prosecution code of our country usually adopts criminal prosecution attached with civil prosecution for the relief of the victim in the criminal cases. It is for reducing the proceedings load, improving proceedings effectiveness, guaranteeing to process the criminal case justly, defending the integrity of the judgment, and maintaining the legal rights of the state, the collective and the victim. Though the legislation idea worth the compliment, the shortcoming of the design of legislation standard and system has brought about the insufficient independency of attached civil prosecution and the narrow scope for relief and therefore the right of the victim cannot be protected sufficiently. Meanwhile, with the continuous development of legal system and the perfection of civil entity and procedural laws, the theory and practice of criminal prosecution attached with civil prosecution is in question more and more. Through the introduction of the compensation system in criminal cases in foreign countries, the author put forward the diminishing system of criminal prosecution attached with civil prosecution around the world and the intrinsic conflict in the practice of criminal prosecution attached with civil prosecution, and examined the abuses of current system of criminal prosecution attached with civil prosecution in China. Moreover, the author suggested that it is necessary to separate criminal prosecution with civil prosecution in criminal prosecution attached with civil prosecution.