The Study Of Executive Mechanism For Criminal With Civil Lawsuits

In response to demand for material compensation fromthe victim in criminal proceeding， judicial organs makejudgement for civil claim incidentally in adjudicating criminalcases， such proceeding means criminal with civil Lawsuits.Criminal with Civil Lawsuits is the combination of criminalprocedure and Civil Lawsuits and have features for both， itis also the combination of the penalty power in publiclaw and private law claims. Therefore， the execution ofCriminal with Civil Lawsuits neither differ from criminaljudgment which the court put special performanceorganization in charge， nor different from the execution ofcivil judgments in the charge of the court， itsimplementation is of its unique basis， methods and reliefmeasures. From an empirical point of view， based on thestatus quo of difficult enforcement in Criminal withCivil Lawsuits. Integrate the real data， focus on studyingits implementation mechanisms and put forward constructiveviews accordingly and maximize the protection of thelegitimate rights of the victim.This article is divided into three parts：Part I：Overview of the implementation of Criminal withCivil cases. This section collate the relevant data in theexecution of criminal with civil litigation， illustrate theimplementation of China’s current criminal with civilcases， draw forth the problem of difficult enforcement incriminal with civil case， and point out that it is ofgreat significance to resolve this problem. Part2：Cause analysis of difficult enforcement for criminalwith civil cases. This section analyse the cause in thedifficult execution of criminal with civil litigation， showthe difficulty in enforcement caused by the limitations ofincidental civilian implementation of the legal system，theabsence of the relief system，the specialty from two partiesof criminal with civil proceedings local protectionism barriersand so on.Part3：Improve the enforcement mechanisms of criminal withcivil cases.Criminal with civil cases，perfect the mechanismof two-pronged approach：first， to improve the criminal withthe civil legal norms，including through the development ofcriminal with civil cases program execution， improve thecriminal sanctions，and to explore incentives prompted thedefendant to compensation；the establishment of a relatedsystem， talked about three main areas： crime victimscompensation system build， build the insurance system ofthe victims of the crime and get rid of localprotectionism and improve the social credit system.