Our System Of Civil Suit Collateral To Criminal Legislation Pattern Study

System of civil suit collateral to criminal proceedings is a basic principle ofcriminal proceedings in our country, it is the important content in the criminalproceedings. The criminal procedure law in our country have discussed issues ofincidental civil action rules, establish the system of civil suit collateral to criminalproceedings. Our traditional criminal incidental litigation civil model is first after thecriminal, civil collateral to criminal, thought it would be better to protect the interestsof the parties, adhering to the principle of fair justice, adhere to the priority ofefficiency. But this is the "public right takes precedence over private rights","heavylight people" the embodiment of traditional thought. In fact, in the implementation ofspecific practice, all sorts of problems and contradictions, especially the lack oflegislative model, on the application of problem is particularly serious. Along with ourcountry social economy development, along with the continuously strengthen judicialphilosophy, its malpractice is becoming more and more obvious, also drove the wholetheory about whether to abolish the system of civil suit collateral to criminalproceedings big discussion, especially in recent years about the abolishment.Criminal incidental civil action system to set up an ideal goal: one is to make thedefendant should bear criminal liability and civil liability of integration to beaddressed, so as to simplify the procedure, improve working efficiency, avoid thewaste of judicial resources. The second is to strengthen the protection of lawful civilrights and interests of the criminal victim, make damage to the victim’s right to getremedy in a timely manner. But in the judicial practice, the process and results of itsoperation procedure in the implementation of the problems and differences exist, theinfringement of the rights of the defendant, and failed to give the victim to faircompensation. Especially in under the condition of the criminal investigation can’tstart, private rights cannot seek effective relief, the victim shall be investigated ofcriminal and civil compensation requirements cannot be achieved. Therefore, the current changes and improve the system of criminal incidental civil has become anurgent requirement, although the points of modifications done nothing for this partwas perfect, but still very fuzzy, can still expect after our country’s judicialinterpretation to improve, such as efforts to protect the lawful rights and interests ofthe parties, to safeguard social fairness and building a harmonious society.Criminal incidental civil action system in many countries, especially in commonlaw countries have set up, so study abroad is less, fewer work paper, and the academicwork in our country, the basically covers all the problems and contradictions in thesystem. This paper from the system to run the program on the legislation pattern study,expounds the system of civil suit collateral to criminal legislative model, the basiccontent and development status in our country, through the analysis of theshortcomings, is proposed to modify the necessity of improve the system of civil suitcollateral to criminal proceedings. However the regulation of our country at presenton the system of civil suit collateral to criminal proceedings is not perfect, therefore,this system puts forward some Suggestions by analyzing the reasons.The first part: the overview of legislative mode in the world, and this part mainlydescribed the basic concept and development of two big lawsuit of origin and theadvantages and disadvantages of the two big legal systems of two kinds of legislationstyle, for the following system provides a comparative analysis of our country.The second part: mainly to write the history of China’s legislative patterns of theevolution and related regulations, the provisions in the value orientation of this systemin our country. Will focus on the present situation and insufficient of this system intoday’s society, in order to elicit reform measures below.The third part: based on the present reforms of the mainstream view is talk aboutsome of his own Suggestions and ideas.