How Does The Right Provide Relief

In very long period of time, the criminal victim is in the criminal prosecution "the quoin which forgets", victim's lawsuit status and the right protection and the solid service is neglected in the educational world and even is neglected. Since the 1980s, along with victim's study blustery, more and more have brought to the various countries' attention victim's right protection. But in our country criminal prosecution, "accused person's right safeguard still had many needs the consummation place, has become the legal science mutual recognition, but regarding the victim right safeguard and the accused person right safeguard balanced question, actually lacked the enough attention." New revision Law of Criminal Procedure although acknowledged the victim litigant status, but still extremely was short of to victim's right protection. Especially displays in to the victim damage compensate protection quite not strength, the present criminal supplementary civil action procedure excessively limits the victim to mention the time and the way which the compensation sues, too is also narrow in the compensation scope, is suitable in the law on exists chaotic, the criminal supplementary civil action procedure not only has the intrinsic conflict in the rationale, moreover in the practice was also proven is unable promptly effectively to provide relief the victim damage compensate power. Reforms the present criminal supplementary civil action system, fully realizes to the victim damage compensate request power civil independence, will supplement the civil action procedure and the criminal prosecution procedure separates, has caused the our country solid service and the theory value, is high in the legal science call date. This article as to carries on to our country present criminal activity supplementary civil action system the appraisal, the analysis, and in the model various countries to the criminal victim damage compensate relief system legislation and in the judicial experience foundation, proposed in the victim damage compensate, the introduction civil action procedure, substitutes for the present supplementary civil action procedure, and attempts to in this programming some questions to propose own some views.This article altogether divides into four major parts.The first part is "the introduction", the paper as cuts into the spottake a piece of judicial case, draws out this article the thesis andits the theory attention spot.The second part elaborated our country current criminal activity victim damage compensate relief system present situation, and has carried on the appraisal to it, summarized its merit, has reconsidered its malpractice.The second part is "our country criminal activity victim damagecompensate relief system: The present situation and reconsidering ",the paper specifically elaborated our country current criminalactivity victim damage compensate relief system, namely thesupplementary civil action lawsuit system present situation, and has carried on thorough reconsidering to the criminal supplementary civilaction system merit and the malpracticeThe third part is "improves our country criminal activitysupplementary civil action system by the independence civilcompensation lawsuit: Rationality and feasibility ". The paperthoroughly analyzed our country current suitable introductionindependent civil compensation lawsuit rationality and thefeasibility. In the rationality, the criminal victim damage compensaterelief system private power system mechanism and in the comparisontest field of vision international tendency, toes make clear ourcountry to have to adjust the criminal supplementary civil actionsystem, suitably introduces the independent civil compensationlawsuit. In the feasibility, in our country judicature practice "thecriminal activity is innocent and the civil compensation" caseincreasing, also toes make clear our country supplementary civilaction system to occur becomes less crowded, suitably introduces theindependent civil compensation lawsuit to have the certainfeasibility.The fourth part will be "the our country criminal activity victimdamage compensate relief system heavy construction", the paper firstproposed in this part will construct the criminal victim damagecompensate relief system principle of equality from now in ourcountry; However, our country had the limit introduction independentcivil compensation lawsuit the procedure skeleton to put forward thereform proposal.