| Civil suit collateral to criminal proceedings, the system in China which purposes to settle the civil liability relating to crimes, connects civil liability to criminal proceedings, and has important significance in simplifying the proceedings, saving judicial cost and correctly deal with the cases. But due to the late development, this system has not been discussed thoroughly, so different opinions exist. And also different opinions exist internationally. So deepening the research on this problem will help to make us clear about its future development and solve the existing problems, and carry out the aim of "justice and fair".This dissertation first analyzes the nature, characteristics and value orientation of civil suit collateral to criminal proceedings, and discusses the essence of this system, and points out that its value lies in its efficiency and justness.The second part of this dissertation reviews the development of and briefly introduces its history and economic and legal base of its development, and also reviews its development in foreign countries. Base on this, this dissertation tells their similarities and differences, providing a base for our future improvement.The third part discusses the legislation concerning civil suit collateral to criminal proceedings and mainly studies three problems.The fourth part discusses the problems in terminology and conflicts within the system, and existing problem in practice.Basing on the introduction of the relevant systems of foreign countries and the analysis of the existing problems in China, the fifth part discusses the reform and improvement of the system of civil suit collateral to criminal proceedings and points out that the system should be improved instead of being abolished. This essay also puts forwards some concrete ideas concerning the reform, such as improve thelegislation conception, solving the conflicts and enlarging the scope of application and perfecting the hearing procedure, ect. |
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