On Criminal Incidental Civil Action

Civil claim annexed to a criminal case has always been tough in adjudication.The supreme peoples's court has iterpreted it for many times,but failed to produce much effct.Based on adjudication practice and combing theory with practice.the present paper makes a deep analysis of three civil claims annexed to criminal cases that puzzle theory and adjudication.To begin with ,the present paper explains the meaning,feature and significance of civil claim annexed to a criminal case.raise doubt about the theory of this system,advances problems in its application and puts for ward our own view on the existence and cancellation of this system.Secondly,in combination with adjudication,we make further discussion about determining the subjuce in civil claims annexed to criminal cases,that is ,the plaintiff,the defendant and the third party.Finally ,we discuss whether the system of civil claim annexed to criminal cases is applicable to mental compension,the stipulation of China's related law and judical interpetation,the theory of law and international practice,the present paper draws a conclusion that the system If civil claim annexed to criminal cases should include handling mental compensation.