Study Of Enhancing The Dominating Role Of Criminal Proceeding With Supplementary Civil Action

Criminal proceeding with supplementary civil action is one of the main methods for criminal victims to realize their rights of compensation. However, existence of the system leads to some problems such as the conflicts of criminal law and civil law, the limited scope of criminal compensation to criminal victim, and the difficulty in executing compensation verdict. Just these problems cause constantly appeals before or after judgments take effect, calls for help from the higher authorities and so on, which seriously damages the value of the system in theory and practice, and accordingly brings a long time of some doubts to the existence or abolishment of the system. The flaws and disadvantage of criminal proceeding with supplementary civil action are more and more clearly, especially with the gradually rising trend of protection of criminal victim. The circumstances need us to reconsider the necessity and rationality of the existence of the system. This paper tries to reveal the significance of the existence of the system, emphasizes the system can bring good for all of the three subjects, namely, criminal victims, criminals and the social, and claims that we should take some improving methods, perfect related conductive systems, and shape the dominating role in solve the problem of criminal victims' compensation right, in order to exert its advantages and avoid its disadvantages, making the system fully demonstrate its value.The initial part introduces the reason why I wrote the paper. There are still many serious flaws and disadvantages about the criminal proceeding with supplementary civil action in practice, which in return leads to a series of problems and dilemmas. Some part of the present system appears somehow disharmonizing with modern criminal judicial notion. Where will the criminal proceeding with supplementary civil action go? How to perfect the system? These puzzles make me deep into pondering, and encourage me to write this paper. I also clearly define the purpose of writing this paper through demonstrating my suggestions.The first part mainly elaborating the present situation and some essential issues of the system, exposing the system still has some specific defects and disadvantages, and demonstrating the reason for these issues. Our criminal proceeding with supplementary civil action has developed over ten years, relative legal clause gradually become more and various, the cases related criminal proceeding with supplementary civil action is also increasing greatly. However, since there are some disadvantageous influencing factors such as the lagging concepts of rule by law, the limited and low legislative device, ignoring protecting the interests of criminal victims, criminal proceeding with supplementary civil action induces many complex and tough problems in its implementing process. And these factors badly affect the function of criminal proceeding with supplementary civil action to exert, which accordingly leads to some serious problems: the different compensation range is producing some conflicts between criminal laws and civil laws; lots of the verdicts of criminal proceeding with supplementary civil action can't be normally realized; lacking of encouraging measures makes criminals not willing to carry out their duties and so on.The second part mainly expounds the different opinions that are retaining or abolishing the system of criminal proceeding with supplementary civil action. The doubtful ideas of the rationality of the system' existence are resulting from the defects and disadvantages of the system. After analyzing various opinions, the author claims that the system should not be abolished; in return, the status of the system should be strengthened in solving criminal victims' damage compensation rights. To employ civil proceeding, substituting criminal proceeding with supplementary civil action, to solve all of criminal victims' damage compensation will still lead some tough problems. The significance of this method can't appear better effects, so the idea of abolishing the system is not persuasive. Since there is more and more practice that is solving criminal victims' damage compensation in criminal proceeding not in civil proceeding, and the idea of restorative justice and the concept of the modestly restraining spirit of criminal law are prevailing, criminal proceeding with supplementary civil action is just accordant with these practice and modern criminal concepts, which makes the system bear the strong cause to exist and to develop. The system should play a dominating role competing with independent civil proceeding in solving criminal victims' damage compensation, encouraging parties to use this system to protect their criminal damage compensation right, to completely open the system' special superiority.The third part sets forth some specific perfecting methods towards the defects and disadvantages of the current situation of criminal proceeding with supplementary civil action. The author puts forward the following suggestions to improve the system: treating criminal proceeding with supplementary civil action as the leading means for criminals to realize their compensation rights, independently proposing a civil action as a last resort; permitting mental damage compensation into the scope the civil action supplemented criminal proceedings, defining the compensation standard; formulating a system to stimulate the suspects and criminals to automatically take the duty of compensating criminal victims; perfecting the related contributive system for the judgment execution of criminal proceeding with supplementary civil action; institute state compensation system and so on.The last part demonstrates criminal proceeding with supplementary civil action meets modern judicial concept such as strengthening protecting criminal victims' benefits, restoring the relation between parties and within community. Even though there is still some disappointment at the system, we can take measures to modify, improve and perfect it, rather than to make it an excuse for abolishing the system. However, refining the system is a magnificent project, needing many assistant methods to guarantee, so reaching the end of the road to the system perfection is requiring you to walk step by step, bite by bite, mustn't hold the feeling of hurrying up.