A Research On The System Of Criminal Lawsuit With Supplementary Civil Case

The reason why the criminal lawsuit with supplementary civil case originates is the joint of public law and the private law. The judiciary takes the civil tort lawsuit proceeding caused by criminal action and the criminal lawsuit proceeding together. In our country the state standard thinks the public power is prior to the private right, and emphases efficiency is prior to the justice, embodying legal thoughts that the criminal law is prior to the civil law. It is this value orientation that decides the lack of the independence of the criminal lawsuit with supplementary civil case and ignores the protection to the victims'privileges. But in the world the protections to the victims of crime have been taken more and more notice and the legislation to protect the victims'privileges has taken the constitutional zed tendency. The criminal lawsuit with supplementary civil case refers the lawsuit that in the process of criminal course deciding the defendant's duty courts deal with the civil case lifted up by the victim or the prosecutor and to complement substantial loss caused by the criminal behavior. This kind of lawsuit connects with the criminal problems tightly.The compensatory operating models caused by the crime action include parallel model which departs the civil lawsuit from the criminal trail completely, supplementary model which attaches the civil lawsuit to the criminal trail, and the comprehensive model which splits the two models'difference together. It has been 30 years since the Criminal Procedural Law published in 1979 stated the system of criminal lawsuit with supplementary civil case within 2 clauses and 4 items and great changes has experienced in political economical and cultural fields. Therefore our system of the criminal law with supplementary civil case has raised much argues about whether the system of criminal lawsuit with supplementary civil case should be remained or not. The options to abolish the system raise a query about the justice and efficiency of the system. Meanwhile the options that approve of the system analyze the historical reason and value of it.Nowadays there are such main questions within the system during the performance procedure, i.e. the protections to the privileges of the victim are not enough, the lawsuit scopes are too narrow, the mental compensations in criminal lawsuit distinguish from those in civil lawsuit, the positions of the public prosecutors are embarrassed and the choice of the litigants are not enough. And then the author gives his concrete advices to perfect the system of criminal lawsuit with supplementary civil case, i.e. the privileges of victims should be noticed, the lawsuit scopes should be extended, the independent position of criminal extra civil lawsuit should be strengthened, the mental compensations should be permitted, the power of the public prosecutor should be eliminated, the supplementary civil lawsuits in joint offense should be ruled, and the state compensation system to criminal victim should be constructed to consolidate the system of criminal lawsuit with supplementary civil case and maintain the authority of the law.