The Empirical Investigations Of Supplementary Civil Action In Criminal Proceedings

Civil suit collateral to criminal proceedings is an important system in Chinese procedure laws system. Its establishment is conducive to the proper adjudication of criminal cases, offering timely and effective compensation in favor ofprotection of the victims from the system guarantee. Thus to allow victims toget spiritual and material consolation caused by infringe on the property or other criminal actions. Meanwhile, it facilitates the proper implementation of the criminal polices of combining punishments with lenience, reducing litigationcosts, reducing the litigation burden of the involved parties, so as to ease thecontradiction between the parties, to maintain social stability and harmony. Butin China, relevant principles and regulations concerning civil suit collateral tocriminal proceedings is too simple and general, causing legislation problems concerning time, material loss definition, and if we should include compensationfor moral loss inside. On the other hand, the system has other problems likemeditation functions in the process, effect of civil suit collateral to criminal proceedings on sentence and difficulty of executions of the adjudications. All above severely limit the entire function of civil suits collateral to criminal proceedings.Empirical investigations about two basic courts, referred as court A and B,have been accomplished by the author. Via data investigations on civil suit collateral to criminal proceedings from the2009to2011, interviews with seniorjudges, the paper attempts to find out the urgent problems during system operation of civil suit collateral to criminal proceedings from perspective of examined data, and juri-sociology, so as put forward corresponding solutions to theseproblems, improve the current system of civil suit collateral to criminal proceedings.In additioning to the introductions and conclusions, the articles are divided into three parts, over sixteen thousand words. The chapters are survey briefin g, legislation problems and countermeasures for civil suit collateral to criminalproceedings and justice issues and countermeasures for civil suit collateral to criminal proceedings.The first part is briefs concerning investigations. Based on introductions about general information about the two counties where the two subject basic courts A and B are located, numbers of civil suit collateral to criminal proceedings from2009to2011are put forward. Combined with legal cases involving robbery, rape, intentional injuries, arson etc, statistic analysis on the crimes mentioned above by means of chart is offered. And then, centered around case hearing process about the civil suits collateral to the criminal proceedings, thepaper compares different modals of combing both or separating the two from each other, arriving at the conclusion that come civil suit collateral to criminalproceedings is the better method. At last, judging from the adjudication, the rate is around30%. Due to low compensation capabilities of the defendant, thereare not many possibilities for meditation. Therefore, the execution rate of theadjudication is not satisfactory from a social effect perspective.The second part is about legislation problems and countermeasures on civilsuit collateral to criminal proceedings. Court A hears cases by combing civilsuites collateral to the criminal proceedings, while court B separate the two.And in this part, the author put compares the two different modals, reaching the conclusion to improve the efficiency, the hearing modal which combines thetwo is better., and in practice date postpone is frequently needed, ergo, system of civil suit collateral to criminal proceedings has not reached its efficiency.Second, regarding effectiveness for a given period of time, Criminal law andcivil law have different stipulations concerning liabilities for those accountable.So in civil suit collateral to criminal proceedings, there may be conflicts foreffectiveness for a given period of time when victims file a litigation. Court Auses criminal proceedings prosecution of calculating the limitation of actions,and Court B employs civil law date effectiveness. Based on adjudication practice, in principle, civil code should be in force when it comes to civil suit colla teral to criminal proceedings; regarding boundaries of material loss during civilsuit collateral to criminal proceedings, ergo, if indirect loss should be included in civil suit collateral to criminal proceedings, is an important topic too. Dueto different interpretation for “material loss”, Court A and B hear the cases in totally different ways. Based on that, the conclusion in this paper is that if there is causality between material losses of victims and defendant’s criminal act from the point of view of criminal code, compensation shall be made. At last, from the trend of global criminal law development, solutions to the conflictsbetween current law and judicial legal interpretation, legislation operability, theconclusion has been reached that spiritual damages should be included in civilsuit collateral to criminal proceedings.The third part is judicial problems and countermeasures for civil suit collateral to criminal proceedings. First, centered around functions of the civilal suites collateral to criminal proceedings, there is confirmed that it simplifies procedures, improve efficiency, reduce cost. Meanwhile, meditation difficulty in civil suit collateral to criminal proceedings is analyzed. Based above discussion,the author proposes suggestions to enhance the compensation mediation scope expansion of subjects, relevant laws and regulations, standard mediation, the scope of prosecutorial supervision and compensation settlement allowed to be reached between the plaintiff and defendant. Second, from the concept of “lesser punishment” update and “buy adjudication” to the civil compensation amount, degree of lighter sentences, all above should be based on the defendant’s motivesto participate in mediation, positivity, execution ability, fault degree, specific scenarios of the case, etc to determine. Suggestions on establishment of combing criminal reprieve, commutation of sentence, parole together. The effect on the civilal suites collateral to the criminal proceedings from the above-mentioned combination is also discussed in this paper. Finally, the reasons for difficulties for execution after verdict due to the defendant’s weak ability for liabilitiesand poor economic status are explained. To solve the problem, the paper advocates to reduce “meaningless verdict”, get clear the compensation capability of the defend as soon as possible. And then, take necessary steps timely and suggest the detection bureau find out the properties as well as possessions of thedefendants. At last enhance execution efficiency after verdict. After the five steps mentioned above, the difficulty to execute the verdicts of the civilal suites collateral to the criminal proceedings shall be settled.