Study On Useless Sentence Of Punishment Against Property And Civil Compensation Collateral To Criminal Proceedings

This paper is divided into four parts discussing the useless sentence of punishment against property and civil compensation collateral to criminal proceedings.In Part I, the author expounds and analyzes intension and extension of punishment against property and civil compensation collateral to criminal proceedings,presenting history,definition and merits of punishment against property compared to other penalties ,i.e. intensifying special defending function of criminal law,exclusive applicability to crime of legal person and units,adding fisc income,saving trial and execution resource,incarnating penalty aim on first retrieval second punishment.Simultaneously,the author analyzes systematically the essence and scope of civil compensation collateral to criminal proceedings.Its essence is claim for damages to body right and other rights of victim caused by criminal act of the criminal,it has no difference to common civil tort recoveries,just the degree of criminal tort is graver.The former is caused by criminal act which is a severe harm,the latter results in usual civil tort or unusual civil tort,just for trial convenience,the former is settled along with all the others in criminal procedure.On scope of civil compensation collateral to criminal proceedings,besides material damage caused by criminal act shall be reimbursed by defendant according to《Criminal Law of People's Republic of China》and《Criminal Procedural Law of People's Republic of China》, whether criminal emotional distress compensation shall be included in civil suit collateral to criminal proceedings is emphasized.According to item 120 in《Civil Law of People's Republic of...