Analyses Of Some Issues In Criminal And Attached Civil Lawsuits

Since 1979 when there was an independent chapter concerning incidental civil actions in the criminal procedure law, it has been more than 30 years that civil suit collateral to criminal proceedings had been established. During this period, this system has been developing as more and more legislative judicial interpretation has been put forward to improve its effect of execution. It has to be admitted, however, that the public concern for this compound litigation system is undoubtedly far less than enough, and besides, on the lawmaking level, it also lacks proper system to regulate it so that many inconveniences and problems that are difficult to overcome has been arising in the practical execution of civil suit collateral to criminal proceedings, which caused a lot of disputes and denouncements to this litigation system in our society.In this paper, basing on the litigation pattern of competition-collaboration of civil and criminal cases and the relationship between civil obligation and criminal obligation in competition-collaboration of civil and criminal cases, the author analyzes the problems existing in civil suit collateral to criminal proceedings from different perspectives with considering the practice nowadays that there are many difficulties in the intermediation of civil suit collateral to criminal proceedings, as well as in the legislation and justice explanations concerning civil suit collateral to criminal proceedings, which are demonstrated sufficiently by some typical cases illustrated in this paper. Finally, the author puts forwards some suggestions about how to improve civil suit collateral to criminal proceedings in our country on the basis of the analysis about such problems mentioned above.Specifically, as for the litigation pattern of competition-collaboration of civil and criminal cases, this paper analyzes some problems existing in the current system of civil suit collateral to criminal proceedings, and praises the litigation pattern of current civil suit collateral to criminal proceedings. It points out that the litigation pattern is a method in lawmaking, so the key to solve such problems is not how to choose the inquisition pattern, but how to realize the benign balance between striking the criminals and protecting victims'civil rights, both of which are the major purposes of justice system, through the reasonable design and operation of proceeding. As for the relationship between civil obligation and criminal obligation in competition-collaboration of civil and criminal cases, this paper demonstrates the rationality of conversion mechanism between civil obligation and criminal obligation, and fully affirms the practical value of such mechanism in protecting and implementing victims'civil rights. Besides, the author also questions the practice that improper justice explanations have confined law case accepts and hears range of incidental civil actions in the criminal procedure law and points out its possible damage to the whole justice system. Finally, the paper puts forward some suggestions to improve civil suit collateral to criminal proceedings in our country as helpful supplement to the proceeding of civil suit collateral to criminal proceedings, in addition to which, it also lists some advices on building the establishment of criminal victims before litigation assistance system and criminal victims compensation system.