Some Thoughts On The Civil Trial Of Criminal Incidental Civil

The criminal supplementary civil action the main legal basis is "criminal law" thirty-sixth and "Criminal Procedure Law" article ninety-ninth,"criminal law" the provisions of article thirty-sixth. Means:in the course of criminal proceedings, thecriminal acts of the defendant damages, compensation damages the litigation activities, a close relative of the victim, the procuratorial organs to the defendantor other bear civil compensation obligation mentioned and return of property. There are a series of problems in judicial practice, the criminal supplementary civil action, causing these problems not only have the legislative reasons, also has the legal person of understanding. According to the Weibin court recentlyhearing criminal incidental civil cases, to explore and analyze the encounter in the judicial practice of criminal incidental civil litigation process problems. Aiming at these problems, this paper will present the provisions of the law, the procedural and substantive problems, solutions and suggestions of legislation so as to discuss.