Tort Liability Of Supplementary In Civil Suit Collateral To Criminal Litigation

In civil suit collateral to criminal litigation, the criminal victim has the right toclaim for compensation with the material loss because of defendant’s criminalbehavior. According to the Criminal Procedure Code, the victim also has the right toclaim the insurance obligor to bear responsibility. Due to legislative defects, casesinvolved with insurance obligor’s supplementary liability encounter many problemsin judicial practice. In order to perfect the procedure law, this paper will propose thesolution from the perspective of judicial practice.The first chapter introduces the necessity and the imminence of thesupplementary liability in civil suit collateral to criminal litigation. By introducingseveral typical real cases, it proves that there are many problems in judicial practiceinvolved with insurance obligor’s supplementary liability, such as the mental damagecompensation. Influenced by criminal case first principle, the interests of victims cannot be effectively protected, which is contrary to the juristical concept of “balance ofpublic and private rights” and “balance of justice and efficiency”.The second chapter introduces the present situation about the supplementaryliability in civil suit collateral to criminal litigation. In the legislation, the lawexplicitly provides that the subject of the right to file the civil suit、the subject ofliability、the scope of compensation. In practice, there are many problems in suitagainst the subject of supplementary liability, which is because that the system ofcivil suit collateral to criminal litigation rejects other units and individuals to enterthis proceedings except the criminal defendant. Besides, the law failed to create afavorable legal environment for the intervention of the subject of supplementaryliability.The third chapter analyzes how to solve problems this paper has proposed. Firstof all, the law should allow victims file the civil suit either in criminal proceeding or in separate civil proceeding; Secondly, we should respect the victim’s option.Victims can file the civil suit against the insurance obligor in criminal proceeding orin separate civil proceeding; Thirdly, the criminal victims have right to file suit formental damage compensation from the perspective of protecting the interests ofvictims; Fourth, the scope of compensation confirmed in the civil suit collateral tocriminal litigation can’t instead of the scope of compensation in separate civil suit.The judge should reconfirm the scope in civil suit.The fourth chapter gives the suggestion to deal with the supplementary liabilityin civil suit collateral to criminal litigation. In the legislation, we should confirm thejurisdiction and the scope of the application of law. The law should attached to thecharacteristic of case to determine whether the case is suitable to be heard in civilsuit collateral to criminal litigation. Enhancing the protection awareness of the rightsof victims and constructing the assistance system to criminal victims are necessaryfrom the perspective of protection of human rights. Besides, reasonable applicationof property preservation and prior execution can improve the execution rate which isa effective way to protect the rights of victims.