Deconstruction And Reconstruction: The Reform Direction Of China's Legal System Of Incidental Civil Action

The incidental civil action, which is meaningful for the remedy of victim's civil rights, is an important part in criminal procedure law. However, the value orientation is emphasized on the uniform of verdicts and judicial efficiency, the protection for victim is neglected. So it is necessary to analyze the deficiencies of current legal system of incidental civil action, especially adopt some good points of foreign laws.This dissertation focus on the reconstruction of incidental civil action, and it is composed of five parts as below:the first part is brief introduction. This part introduces the background, review, content and new points. The second part is presentation of questions, which put forward several questions to be solved. The third part is the main structure of current legal system of incidental civil action, this part introduces some regulations in criminal procedure law and related judicial interoperation. This part also comments current legal system and maintains that current legal system of incidental civil action relates to legal tradition and practice tradition. The fourth part researches the disadvantages of current legal system of incidental civil action, the reasons are also analyzed. The firth part is the comparative research on foreign legal system of cross of civil litigation and criminal procedure, this part divided different modes into three:the separated mode, the selected mode and the mixed mode. This part maintains that legal protection for victims'right is the key element. The sixth part is the measure of reconstructing incidental civil action, in this part, some suggestion is put forward. In conclusion, this dissertation maintains that the victims' right should be strictly protected and the legal system construction in incidental civil action should take victims'right as key element.