On The System Of Civil Suit Collateral To Criminal Procedure

With the establishment of China's socialist market economic system and the progress of democracy and the rule of law, the rules about the system of Civil suit collateral to Criminal procedure are relatively simple, as vague queries in China's Criminal Law and Criminal Procedure ,which are more difficult to operate in practice .These problems have been become increasingly prominent. There was a acute discussion about the nature,the value and the scope of Civil suit collateral to Criminal litigation in theorists, even by some scholars to abolish the system of Civil suit collateral to Criminal procedure.The author will mainly discuss the reasonable of the system and how to improve on it in this thesis. To further improve the system of Civil suit collateral to Criminal procedure by emphasizing on expatiating the general theory and justice practice ,from the view of the protection of victims'rights and interests, I hope that the suggestion will be useful to theoretical workers and practice workers .In this essay, by this main line of protecting victims'rights and interests the author discussed the system of Civil suit collateral to Criminal procedure by empirical research methods and inductive methods. Firstly, discusses the incidental nature and the concept of Civil suit collateral to Criminal procedure from basic theory of law, and then explores the vision of its history, and analyzes the need for it from theory and practice. Secondly, discusses choicely and emphases three basic issues in the system of Civil suit collateral to Criminal procedure: its party,its integrant and its scope; Thirdly, analyzes the legislation about Civil suit collateral to Criminal litigation, on its deficiencies, reviews and analyzes the existing problems of the system of Civil suit collateral to Criminal procedure in practice ,all of that will provide a theoretical and practical basis for the next ; Finally, expatiates on the idea that how to improve the system of Civil suit collateral to Criminal litigation, the essence of the idea regards the protection rights and interest of victims as the start, advocates the compensatory scope including the spirit compensation to resolve the problem that the relief scope in compensation of victim is narrow , and advocates building a state compensation system to address the issue that the defendant can not compensate victims, advocates introducing the system of transaction between the prosecutor and the counsel to balance the interests of state,of defendant and of victim . In a word, from different views we must improve our system of Civil suit collateral to Criminal procedure to protect the rights and interests of victims.