On The Criminal With The Perfection Of The Law Of The Civil Litigation System

Civil lawsuit system attached to criminal lawsuit system is a system by which a certain civil liability arising from a crime is to determined. It is only regulated by certain regulations in principle, and the particular treatment is chiefly based on judicial interpretations and rules. This paper is to, after an analysis on the issues and problems involved in civil lawsuit system attached to criminal lawsuit system , propose some tentative ideas on the developing and perfecting of the said system. It consists of three parts.Part one, with the title of civil lawsuit system attached to criminal lawsuit system Sketch of civil lawsuit system attached to criminal lawsuit system in Our Country, summarizes those concepts, characters, features of civil lawsuit system attached to criminal lawsuit system in our country, and concludes that it is a combination of criminal litigation and civil litigation, a combination of penalty power in terms of public law and request right in terms of private law. The civil litigation is to some extent attached to the criminal litigation, and at the same time is dependent of it. Then the main contents of civil lawsuit system attached to criminal lawsuit system; is presented in terms of legislation. The objective values, its meant purposes, is summarized in the end of this part.Part two, titled with Problems Concerned with civil lawsuit system attached to criminal lawsuit system in Our Country, discusses the related problems in terms of both legislation and practice, and points out there exist the disarray of rules on the case-placing-on-file, the contradiction between civil and criminal law application, the absence of enforcement rules and national remedy, and some other issues in practice. All these analyses represent a practical and urgent necessity for a development to perfect this system.Part three, Perfecting civil lawsuit system attached to criminal lawsuit system in Our Country, is the primary part. It argues in the first instance that this system cannot be abolished nowadays but shall be perfected in order to fulfill its objective values and adequately deal with the remedy for criminal damages. The issues concerned with the litigation initiator, remedy principle and scope, decisionenforcement, and others arising from the procedure shall be handled properly to perfect this system. This part contains mainly these suggestions that such litigation shall not be initiated by prosecutor office, and, with regard to the propositions by some scholars that spiritual damage and remedy shall be taken into account, that an alternative shall be considered as a more proper and practical dissolution, and that a dual-fold remedy standard shall be taken for a full-scale compensation decided by the court or for a specific compensation regarding the circumstances of the case. Four clues is suggested as to the decision enforce troubles, such as that a connection shall be made between the remedy enforcement and the criminal liability and punishment for the particular characters of such cases, and that a national remedy shall be introduced for the interest of the criminal victim. And in addition, some tips is presented as to bettering the practices of notice, initiating term, litigation charges, proceeding term and the likes.