Searches Analyzes Our Country Criminal Activity Supplementary Civilaction System’s Flaw And The Consummation

Criminal and attached civil lawsuits is in solving the defendant criminal responsibility at the same time, incidental to solve the defendants’ criminal behavior compensation for loss caused by the problem of the lawsuit activity. The establishment of the system of criminal procedure and the civil litigation two different nature of the litigation organic together, improve the lawsuit efficiency and benefit, be helpful for citizens, the collective and the protection of state property. But, as our country in this system design follow is "punishment than people" legislative guidance, therefore, incidental civil lawsuit by the lack of the independent status, cannot give the victim of procedure guarantee and entities should guarantee. The current system of the incidental civil lawsuit on the civil law applicable separated uniformity and certainty, on the other hand ignored the incidental civil lawsuit relief’s uniqueness. This situation not only led to clashes between proceedings, in many cases, the vacuum created legal remedy. In western countries under the rule of law, whether parallel type, or incidental type, all in different ways from different angles of civil litigation emphasized outstanding independent status. The western countries under the rule of basic experience, it is necessary to examine the current existing criminal incidental civil lawsuit system operation, the actual status of the criminal procedure and the reflection incidental civil action, the relationship between the two order to reasonably system planning and design.Criminal litigation and civil litigation is originally two different nature of the litigation, in essence, the difference in the same program in merger will inevitably lead to the system, the theoretical basis, legislative design, the series of conflicts and judicial operation contradiction, therefore, it is necessary in accurately grasp the nature of civil suit collateral to criminal features and value orientation, and on the basis of design of legislative and judicial practices, etc were discussed, the problem of the civil suit collateral to criminal legislation Suggestions to construct reasonable criminal and attached civil lawsuits mechanism, make public rights, proprietary relief way in a large extent to get harmony and balance. The author in criminal and attached civil lawsuits system reform of the general idea is:first, starting from changing the judicial philosophy correct localization incidental civil lawsuit, given the nature of the procedure option, enrich the victim compensation for damage relief way, foreign incidental civil lawsuit of rich experience, from legislative procedure, entity standard and the sound of supporting system, fully three perfect our country criminal and attached civil lawsuits system, in order to will China’s criminal and attached civil lawsuits system construction as a set of to Chinese national conditions and effective litigation system.