The Study Of Mediation Of Supplementary Civil Action In Criminal Proceeding In China

Our criminal law, criminal procedural law and related judicial explanation bestow the victims who suffer from material damage caused by criminal offense with the right of incidental civil. In judicial practice, the conciliation to criminal with civil has been widely applied and it has exerted special influence on and an important way of dealing with this kind of cases which become a fundamental element to the conciliation system in our country. Full application of this way of conciliation plays an active role in criminal adjudication. the use of conciliation to solve the criminal case with civil lawsuit is of great significance to ensure the lawful rights and interests of party concerned, to solve the social contradiction, to defend the steady society and to improve the harmony of our society. However, because the current criminal law, the related judicial explanation and the regularities with civil are relatively inattentive and general, which leads to the random conciliation in the application of the system, even a series of problems:powers over conciliation, prolonged solution,undue emphasis on mediation rate and surface legalization with inner unfair and so on. It has long way to achieve the original goal of the mediation system combining the related references and materials with my own practical working experiences, I will make a further discussion about the mediation system of criminal with civil procedural law.The paper is divided into three parts.The first part is about the outline of the system. The related cultural background, its history, concept and characteristics will be discussed firstly, then I will introduce the application and function of this system., finally, it tells about the relations, similarities and distinctions between this system and other three systems:the common civil procedural conciliation criminal mediation and people's conciliation.The second part is concerned about the present situation and existent six major problems of this system:the legal rules and regularities related to the system are very fewer but more dogmetic and general and lack concrete operating rules and procedure.In the third part,based on the problems mentioned above, it is suggested that the system should be perfected and standardized in legislation and judicial practice to fulfill the policy, straighten out the disputes and promote the harmony of our society in a better way.