The Research On First Solving Civil Compensation

With the idea of strengthening the protection of victims rights enjoying popular support,the lawsuit status of the cvictims in criminal lawsuit is continuously improving. In addition to investigating the criminal responsibility of the perpetrators, the victims also have the right to claim damages.In recent years, our criminal and incidental civil lawsuit system has emerged many problems.The most typical is that the judgment of the incidental civil compensation can not be effectively carried out, difficult to be executed and cashed,and becomes "an empty convicted",sausing ongoing petitions. In view of first resolving civil conpensation caused by crimes,this paper stats trying to build our mode of "the civil lawsuit before the criminal lawsuit".This article is composed of five parts. The first part is about our current criminal and incidental civil lawsuit system,whicn summarizes and reviews our relevant legislative and judical explanation,inspects the current practices,and discusses the system's advantages.The second part discusses the necessity and significance of building the system of first resoving civil conpensation. The third part is about the building offirst resolving our civil compensation lawsuit system. One is that the civilcompensation lawsuit is before the criminal procedure or getting the compensation result before the criminal judgments. The author calls this first civil lawsuit the dominant civil lawsuit before the criminal lawsuit. And the other is that,in the criminal and incidental civil lawsuit,give priority to mediate the civil compensation,and consider the defendant's conpensation situation as sentencing situation.The first civil lawsuit is hidden,ditticult to be detected,and so called "hidden civil lawsuit before the criminal lawsuit ".The forth part discusses the probable obstacles to meet and how to overcome them in building the mode of civil lawsuit before the criminal lawsuit.For the dominant mode of the civil lawsuit berore the criminal lawsuit,we should pay attention to protecting the litigation of the defendants,handle the relation between the first results of a civil judge and the later criminal judgement,and handle the paying problem of the litigation cost.For the recessive mode of our civil lawsuit before the criminal lawsuit,we should pay attention to overcoming the negative tendency to spend money on punishment,prevent unrealistically high compensation,pay attention to prevent the plight of the defense forcing a sudden rise of new social problems,to decide whether to apply for compensation mediation according to the specific case,to determine the conpensation amount according to the defendant's actual economic capacity to implement the rotation of the criminal judges and civil judges,to improve the mediation of the incidental civil compensation.The fifth part is the response to the several claims about our current criminal and incidental civil lawsuit system.The anthor disagrees to abolish the incidental civil lawsuit system, but insists reserving and consummating if,in which building the system of the civil lawsuit before the criminal lawsuit is a kind of perfect ation.The author disagrees to incorporate the conpensation for mental injury ifto the extent of vompensation, but insists judging the compensation realistically according to the defendant's economic capacity.The author thinks that the cohesion betweet the civil lawsuit before criminal lawsuit system and the national compensation relief system should be strengthened, and the property preservation and the enforcement efforts of the civil compensation judgment should be stepped up. The author also suggests that Chinese reform and theoretical research of the judical system should be based on the practical comprehensive exhaustive inquiry into our judicature,so as to master the first-hand and the most sccurate,comprehensive and true data,and provide the decision-making reference frame for the perfection of the system.