On The Plaintiff's Protection Of Rights In Supplementary Civil Action During Criminal Proceedings In China

Criminal incidental civil action system is an important content of our country's legal system. In the present national condition and the judicial situation of our country, the system has an absolute necessity and positive significance. But there are also a lot of problems in the theory and operation level. The plaintiff file an incidental civil action in order to protect their rights. But In proceedings they are limited by all kinds of reasons. Their rights can't be fully realized. This paper reflects our country law in criminal and attached civil lawsuits the plaintiff rights protection system, and puts forward the existing defects of corresponding revision opinion, through analyzing some problems, in order to make this system obtain the further consummation.This essay has three parts. The first part lists a hit-and-run together civil suit collateral to criminal cases from the case, and summarizes the two disputes focus:first in the case of incidental civil lawsuit plaintiff and defendant whether both sides main body fitness mesh; Second, the plaintiff claims for whether to belong to the civil suit collateral to criminal compensation range, court decisions whether legal matters. It leads to the theme of the thinking from the two focuses on this article:how to protect the plaintiff rights better in civil suit collateral to criminal of our country. The second part of the program analyses the current our country criminal incidental civil lawsuit system exists in the program, the subject and the scope of compensation and matters, the property preservation and execution and other 17 problems, emphatically from the passive some special situations of the plaintiff and the defendant range, the plaintiff right holder of the limitation of the rights in five aspects such as road choice, and if the victim is dead or civil capacity not completely by the who as incidental civil lawsuit the plaintiff, how to understand "other shall bear civil liability unit and individual", how to define the scope of "material loss", how to treat mental damage compensation, death and disability compensation damages problems. And about these problems the paper shows some personal opinions. The third part of this article puts forward the public security and procuratorial organs to the defendant investigation of property system and criminal and attached civil lawsuits the plaintiff property preservation before litigation application system, based on applied to civil the scope provided by the law, rules and standards of the incidental civil trial and civil case implementation as part of their sentences commuted or the defendant on the positive factors into consideration, then establish a national compensation system and so on. In all, there are four judicial reform proposals.