Criminal With The Civil Litigation System

Criminal suit incidental civil system is one of important and complicated criminal suit systems in china. The thesis dwells on the following three questions :the character, the value and the scope of criminal suit incidental suit in the new situation with the purpose of constructing the better criminal suit incidental suit with chinese characteristics and meeting the need of present development. Based on the view of the varieties and levels of things by means of comparison and from different perspectives ,the many sides of the special character of criminal suit incidental civil are discussed systematically and deeply in the paper: 0 From the aspect of its nature,this kind of suit is a special civil .The author stresses on the microcosmic side of its nature ,and puts forward that the following three bodies:the public security office ,the procuratorate and law court,should allow to take the action on security of property,pre-enforcement and restricted adoption of countercharge, and use the rule ofjurisdictive body helping the litigant in giving proof in the criminal suit incidental civil. OFrom the aspect of its origin, the suit is derivative. .0 From the aspect of static state, the suit is characterized by symmetry. OFrom the aspect of dynamic state, the suit is featured by the stages. OFrom the aspect of jurisdiction ,the suit is special and exclusive. The thesis dwells on the contents of its important value of the instution of criminal suit incidental civil ,the obstacles in the realization of value as well as its solutions, the conflicts of different values and their coordination.Jn my opinion, in the process of improving the legislation and accentuating the propaganda and education of law ,we should form a pluralistic ,compelled and concrete 搃nforming?institution in the criminal suit incidental civil; we should treat the relationship between the different cases sued respectively by the 4 procuratorate and the state units in a better way; And we should form the state-compensation system in this suit in order to protect the rights of the aggrieved party in special condition ;We should also improve the propertion of different members in the organization of the collegiate bench to guarantee the justice and effeciency of the judgement and strengthen the transfererence of the suit by the public security office and the procuratorate in order to give full play of the value of the institution. In my view, the scope of the present criminal suit insidental civil in our country is too narrow to meet the need of the present development .And it fails to protect the rights of the parties in a complete sense. So the following suggestions are should be added: ~ID Compensation for the mental injury.Thc author raise that the third party can obtain the compensation for mental injury; and the legal person can also get the compensation for mental injury, and both money and mental compensation should be adopted at same time;and the author does not agree to form uniform standand of colllpensation nowdays. ?Other civil conflicts result from the criminal conduct .?The civil conflicts result in criminal conduct .The author designs three scheme that the scope magnit~?gradually for registration of the legislator. Finally, the writer give the definition of criminal suit incidental civil on the view of the scope of suits accepted...