The Implementation Mechanism Of The Priority Principle Of Civil Liability For Compensation

Legal liability consists of civil liability and criminal liability and administrative responsibility. When the behavior of the same person or same legal fact that meet a variety of laws, to undertake a variety of legal responsibility, constitute the legal liability concurrence. The property of the person is insufficient to bear the above a variety of responsibility at the same time, the priority principle of civil liability to pay compensation is legal basis to solve the order property responsibility.There are three reasons to adhere to the civil compensation priority. First, the legal relief should be priority in legal punishment. Second, property punishment or administrative fines responsibility reflects the interests of the country,but this has little effect to the national finance. Civil compensation is in relation to the production and living of victims and their families,and it is important to them;third, Infringement or breach of contract tort behavior lead to the civil liability to pay compensation, priority compensation is in accordance with the value pursuit of justice.It is set in the various legal in the current legislation system, procedure of the first criminal and civil pullback the judicial relief channels of priority for civil compensation and affect the degree of its implementation. The applicable conditions and scope of property need explicit. The problems that civil liability can all priority, or is limited to property, or includes the liability for breach of contract and other issues must be solved. Property preservation before litigation system principles, application conditions demanding, the applicant be started, single under the jurisdiction of the court, the applicant providing guarantee and so on, all restrict the system application. The executing agency is in court,and lack of independence, execution legislation is based on the reference implementation provisions of the civil lawsuit decision, the court performs is internal chaos and lack of third party supervision mechanism.In fact, responsibility is preferred, but not preferred.Its applicable conditions are the same tort、constitute a legal liability concurrence and the offender’s property that is insufficient to pay at the same time; Its assets include confiscated property and fines, penalties, etc; civil liability to pay compensation includes the default damage compensation liability. Establish the system of property review before decision, endow Investigation organ property review authority and establish the defendant property files. Unifying the jurisdiction of property preservation——property located and this case under the jurisdiction of the court, applying for substantial requirements is to ensure the judgment to be executed in the future, and endow the court discretionary power. Civil suit collateral to criminal procedure adheres to the civil compensation priority in punishment,its scope includes not only the property compensation, but also the mental damage compensation.Active compensation for criminal victim is as the legal circumstances of the sentencing discretion to reduce penalty;establishing the system of sentencing publicly and the crime measurement pleading program,perfecting sentencing ruling clerical sentencing reasons,and protecting the victim participate in sentencing. Civil compensation implementation have the absolute priority in violations of the right to life, body and health; offender is liable for material loss and bear the mental injury in violations of the personality right for commercial activities; the civil compensation is prior to general creditor’s rights, and late the legal priority in case of property loss.Set up the state organs which is independent of judicial organs or neutral third parties to store fine penalty temporarily. The victim shall have the right to pay civil compensation from the fine penalty, when civil compensation can’t give priority.