Jurisprudential Reflection And Countermeasure Research On The Disorder Of Civil Suit Attached To Criminal Proceedings In China

Civil suit attached to criminal proceeding (the "Proceeding") has long been abaffling issue for Chinese judicial community, the mass situation of the extent andstandard of compensation is one that calls for quick solution. It is the lack ofunderstanding of the essence of the Proceeding that makes the topic unsolved,however, the problem of the scope and standard of compensation is merely the surfaceproblem. The author argues in the thesis that a study on the essence of the specialproceeding is necessary for a better understanding of the issue. The author alsoattempt to respond rationally to several thoughts concerning the essence of theProceeding, such as the "invalid judgement", the violation of the doctrine of "doublejeopardy prohibition", and the violation of the doctrine of "superiority of criminalproceeding over civil proceeding".From the basic concept of the Proceeding, it is not difficult to find four basic"elements" and three basic "connections" that determine the essense, i.e., connectionbetween criminal liability and civil liability, connection between criminal procedureand civil procedure and the connection between procedure and substantive liability.The author argues that through the deep research into the three basic elements theco-existence of criminal and civil liability is a form of convergence of legal liabilities.Civil liability attached to criminal liability is essentially a civil liability; criminalliability is an indispensable supplement to the civil liability system. The proceeding iscomplete liability for tort，with the same compensation scope and standards withcommon civil tort liability. The Proceeding is an integrated solution to the mergedliability systems. The convergence of the two proceedings of different nature shouldnot result in any change in substantive liability, nor should the extent and standard ofcivil liability attached to criminal liability be transformed into a "freak" because ofthe merge of proceedings.By comparing the Proceeding with the civil and criminal proceedings separately,this thesis analyzes the superiority of the Proceeding and points out that theProceeding represents the evolving trend of proceedings against tort-like crimesaround the world in the future. Last, the thesis advances proposals in relation totransforming doctrinal premises, changing mindsets, improving legislations andsupplementing rules, with an aim to streamlining the Proceeding in China.