Compensation Scope Of Civil Suit Collateral To Criminal Proceedings

Our country criminal incidental civil action system has been plagued bycontroversy. Incidental civil action is essentially a civil action, However, incidentalcivil action compared with the ordinary civil action, The compensation scope islimited by a lot, Only limited to the material loss.Has been ruled out of compensationfor mental injury in incidental civil action for compensation.Whether death penaltybelongs to an incidental civil action and the compensation scope, In theory there isdifferent voice. In judicial practice, the dead relatives in the incidental civil lawsuitrequests death compensation lawsuit can get the support of the people’s court, Acrossthe different practices. On December24,2012, the supreme people’s court about applythe <criminal procedure law of the People’s Republic of China> the interpretation ofthe release, means that the death penalty on the criminal legislation be excluded fromthe incidental civil action outside the scope of compensation. This creates conflict onpunishment and legislation of death compensation system and not harmonious, canmore fully protect the legitimate rights and interests of the deceased relatives. Thisarticle revolves around the current do not have a unified legislative, judicial practice isnot consistent, perfecting the system of suggestion and discussing the three problems.Specifically, this article attempts starting from the basic overview of incidental civilaction and the compensation scope, clear legislation dispute, conflict and practice on acomparison of death compensation law attribute, on the basis of introduction of civilsuit collateral to death compensation related problems were discussed, finally into thesupplementary civil action the compensation for death puts forward relevant improvement Suggestions.This paper consists of introduction, text and epilogue. Listed in the introductionand comments throughout the people’s court in the criminal supplementary civil deathcompensation applicable judicial cases in the trial. The text is divided into four parts:The first part, overview of the compensation under the civil suit collateral tocriminal proceedings. Introduce basic theory of incidental civil action and thecompensation scope, the analysis of changes in legislation, analyzes the judicialpractice related issues.The second part, the death compensation legal attribute comparison research.Outside the death compensation system, and death compensation legislation andtheory to analyze to our country.The third part, the introduction of civil suit collateral to death compensationresearch. Analyzing the cause of death compensation is not included in thecompensation scope and difficulty, for the shortcoming of the current scope ofincidental civil action and misunderstanding for analysis.The fourth part, the idea of death compensation in incidental civil action. Ondeath compensation into the necessity and feasibility of incidental civil action and putforward the concrete improvement proposal.