Legislation Perfection Of The System Of Criminal Civil Incidental Litigation

The system of criminal civil incidental provides a platform for victims of criminal cases achieve material damage compensation which is caused by the defendant's criminal acts. This system still plays an irreplaceable role in reducing litigation, proceeding efficiency of litigation, and safeguarding the interests of victims in China. However, there are some imperfections and unreasonable factors in the system design which have been very prominent in trial practice. Courts around the fringe in the scope of civil compensation is not uniform, with civil judgment difficulty in enforcement efforts.There are many problems in criminal fringe of the civil litigation system .Many experts and scholars include varieties of separating criminal and civil trials in terms of inherent defect system such as litigation rules, the main proceedings, the standard of proof perspective of the conflictand so on. However, how to improve this system in practice is not improved, particularly in resolving damages to the issue. Author major make substantive research damages from the point of view of the scope of compensation. To deal with the issue of compensation for victims, it is necessary to consider safeguarding the interests of victims, the victims who have suffered losses to a normal life or production, and we should also take into account the repair or criminal destruction of the easing of the relationship between the accused and the victims. We should find a suitable point between the victims deserve compensation and the accused's actual ability to perform, to achieve the unity between the legal effect and social effects.Looking at the full text of structure, this paper is divided into five parts. In the first part, it notes the concept, characteristics, type, scope of criminal fringe civil damages. In the second part, by trialing the criminal fringe civil damages and investigating the implementation of the cases in courts of Ningbo in recent years, I find the number of the criminal fringe civil damages increase year by year and the situation of implementation the cases is difficult. In the third part, I deal with the system of civil compensation caused by the criminal acts in other countries and regions. In the fourth part, I analysis the defect civil criminal fringe about the legislative and judicial practice of China from the perspective of the scope of damages. For example, compensation scope is too narrow and not clear, and the project of compensation is unreasonable, and the standards of compensation are not unified, and neglecting considering the defendant's ability to fulfill. In the fifth part, I will put forward some ideas in light of these problems and expect the perfect of the system of civil criminal fringe. For example, combined with full compensation and appropriate compensation, to establish the principle of compensation for the amount of compensation, avoiding air-phenomenon. For example, taking into account the principle of compensation for the innocent victims of the compensation capacity of the defendant, whether or not common factors such factors. For example, put the compensation of spirit damages into the scope of compensation and cancel death compensation and disability compensation from compensation project.