Problems Of Incidental Civil Action Difficulty

The penal action system is an important system in criminal prcedure.There are a lot of problems in it in judicial practice.Many different voices about it can be heard in theoretical world.Working on these problems will be helpful to realize the penal action system,perfect legislation and guide judicial practice.Beginning with the basic legal theory of criminal procedure,this article makes deeper research on some difficult problems existing in penal action and gives some points of view on related problems.This article says that as to the basic legal theory of penal action,it belongs to the procedure of the criminal procedure combining with civil procedure, which has dual and different charactes,the same source of action and subordination.The ideals of value of penal altion are: protecting the defendant's human rights;procedural justice and substantive justice being looked upon simutaneously;efficiency.The purpose reached by the penal action should be: according with the legislative purpose of criminal procedure;fully considering the economic interests of the victims; balancing the interests;considering both justice and efficiecy.Through the comparative research on the mode of penal action,this article says,there are some reasons about the existence of penal a ction, as to some problems existing in it,we can solve them through improve-ment and perfection.As to the derfiniton and perfection of the parts in penal action,the procuratorial authority and those injurers who are not be regarded as the parties of penal action.Through the theoretical research and substantive analysis on the sphere of penal action,we can conclude that the damage scope of penal action doesn't include spirutial damage.Disability pension and death benefits belongto material damage,they should be supported in the penal altion.The penal action damage should establish five rules.The foundation of penal action shoud contain four conditions.As to the concrete procedure of penal action,the bringing duration(provided for)stipulated by the present law is fairly reasonable.The limiation of penal action should make use of the stipulation of the crininal law.The trial of the penal action should abide by th rule of trying simutaneously,coming before trying respectively,that is,criminal procedure comes before civil procedure or criminalprocedure and civil procedure should be completed alternately.The mdiation of the penal action should also abide by the rule of being voluntary and legal. As to the judgement of penal acton, if the accused is innocnt,the victim's penal action should not be supported.As to the execution of the penal action,the right of taking measures of preserving property should be given to the public security organ and the procuratorial authority during investigation and prosecution. In order to solve the problems of difficult execution of the judgement of the penal action and criminal compensation,the systems of giving the offenders damages and giving the victims indemity should be set up in our country.