The Research Of Criminal With Civil Litigation Related Issues:Based On Court’s Vision

Criminal incidental civil action, the judiciary in the course of criminal proceedings, and at the same time solve the defendant criminally responsible, incidental solve the people who have suffered damage or People’s Procuratorate filed, due to the damage caused by the defendant’s criminal actlitigation activities. In actual operation, the the incidental civil system, there are many problems, despite the new Criminal Procedure Law Amendment has been some progress, but there are serious deficiencies in the revised. Problems exist in the current trial Incidental Civil Action this article from the five areas discussed proposed perfect views of the scientific, reasonable and operability. Incidental civil litigation system and common practice in other countries, the first part of our analysis, leads to China’s practical and theoretical circles deposit, waste dispute that the Incidental Civil Action in China has achieved some success in the years running by the study, the exist have a legal basis. The second part of the analysis of the revised Incidental Civil Action "three", and at the same time pointed out that the lack of revision; third part of Chengdu grassroots courts incidental civil action data is modeled, the actual trial run analysis, pointed out the incidental civil scope of the case a single by-case rate continues to be low, mainly that law incidental civil action "material damage" done to limit the interpretation of greater restrictions on the scope of the case; criminal victims and civil damage compensation to realize the difference to the victims in the trial analysis, pointed out that the criminal victim suffered serious injury in tort damages road has been difficult, and the realization of its interests and civil victims The people there are quite different. The fifth part of the above analysis, advice perfect Incidental Civil Action. Program option allows conditional; to perfect the incidental civil inform system; should repeal the provisions of the Code of Criminal Procedure, no compensation for moral damage; establish the principle of full compensation;perfect incidental civil preservation program.