Criminal Procedure Supplementary

According to the ideas that public right is prior to private right and effectiveness priority, a lot of countries in the world have established the legal procedure of incidental civil action for relief ways of the injured who is damaged material loss because of criminal behaviors. By the investigation to the legislative precedents of many countries, it is found that incidental civil action tends to a more and more disadvantageous position, but in the perspective of legal procedure, this system has the significance of economy and convenience, and can lighten the fatigue of the parties concerned. Meanwhile, it can meet the need of the injured about damage compensation according to "private laws". The incidental civil action of China lacks of independence and is contained and absorbed by criminal procedure to a great extent, which leads to the incoordination even contradiction between incidental civil action and civil action. The author explores the conception, characteristic, theoretical basis and value objective on the legal procedure of incidental civil action, also makes a comparison research between the parallel lawsuit pattern of English and American legal system and the incidental civil action of continental legal system. After inspecting and introspecting the criminal system of incidental civil action of our country, the author hereinafter presents his own views that it is not proper to forthwith abolish the system of incidental civil action at China's present conditions of legislation and administration of justice, so problems in judicial practice should be settled by reasonable explanations and further improvement in legislation. From the perspective of judicial practice, this thesis mainly explores the following questions. 1. About the scope of main body in damage compensation of incidental civil action, this thesis puts forward its own views on the scope of the prosecutor who has the right to raise the incidental civil action, as well as the scope of the accused who compensates for the damage in judicial practice. 2. As far as the period proposed by the prosecutor in incidental civil action is concerned, this thesis views that the judicial explanation in force is not clear enough. This period should be limited as "after being instituted prosecution by the People's Procuratorates and before pronounce of the first instance". 3. Considered from the protection to lawful interests of the injured, the...