On The Current Incidengtal Civil Actions In China

Supplementary civil action is an important system in the criminal proceedings. Its fundamental purpose is to resolve the issue of compensation in the course of criminal proceedings for the material damage caused by criminal behavior, to protect the countries, collectivity’s and individual citizens’lawful property, while saving the costs of litigation, increasing the efficiency of the proceedings. In recent years, with the continuous improvement of the citizens’awareness of the law, the victims of the criminal cases pay more attention to the use of legal weapons to protect their legitimate rights and interests. Increasing number of criminal case with supplementary civil action, not only to increase the workload of the judges of the criminal, but also increase the difficulty of the trial of the case. May be due to the relatively simple legislative provisions, incidental civil system in practice caused many problems. In this regard, the study on the theory of the system became necessary, and many academics have agreed that the system needs to be reformed and perfected. This article mainly related to the content of the following aspects:Firstly it discusses the history of the criminal proceedings with Supplementary civil action and its process, described in detail of the China’s criminal proceedings with supplementary civil action system and briefly discussed its significance to the judicial practice and society; Secondly discusses the systems’ current situation and existing problems, and analyze the causes of the system limitations; Third, analyze the path of development of China’s criminal proceedings with supplementary civil action system, and demonstrating that it is necessary to further improve and perfect the system’s scope of compensation, the procuratorial organs subject of litigation status, litigation costs and provisions; Fourth, through reveal the value of criminal proceedings with supplementary civil action system, it is found necessary to retain and develop the current system.