Research On The Reform Of The Incidental Civil Procedure In China

The incidental civil procedure is a special civil procedure, designed to protect the rights of the victims of crime much more effectively. The system represents the principle of the unity of criminal justice and civil justice. The criminal and civil courts are unified. The system allows the victim to make specific civil requests to the criminal court. The most evident advantages of using the specific civil procedure within an existing criminal action (as against a fresh action in a civil court) are its relative simplicity, speedy and cheapness. Above all, the system relieves the victims of the main burden of the conduct of proceedings, without any significant loss of control. However, there have been a number of attempts to provide more comprehensive examinations of the incidental civil procedure in China. In the recent years, the incidental civil procedure has been placed under a radical critical scrutiny. Unfortunately, the work, in most cases, has an academic rather than practical viewpoint. The procedure systems of the civil law countries and the common law countries are of worldwide importance and have provided models of procedure which have exercised a significant influence on almost all of the most important tendencies in other countries .so, it is necessary to have theoretical research on the incidental civil procedure in China and give its new design..The research focuses all attention on following recommendations: defining the incidental civil procedure in terms of the scientific theory, having more limits on issuing incidental civil proceedings, the concept of injury being wide and including material, physical and moral damage, finally, improving the judicial remedy.