The Common Criminal With Civil Violations

The criminal procedural law of our country about the legal provisions of civil suitcollateral to criminal proceedings provides the right relief channel for the side sufferingloss in the criminal cases. But this system exists some irrationality in design, and therelevant regulations and judicial interpretation also has loopholes, causing the increasingdifficulty in the trial of such cases. Especially these issues such as how to identify theliability of the behaviors of the common person inflicting injury and how to bear theresponsibility of compensation, how to deal with this situation that joint criminal who isalso the joint tortfeasors is undocumented and not charged for criminal defendant, andhow to solve the problem of mental compensation, etc. These are all belong to theproblems that difficult to solve in trial practice, different district court has its own methodto deal with this kind of cases.The joint crime and joint tort belong to the field of criminal law and the law of torts,although there are some differences in terms of basic constituents, legislative spirit andvalue orientation, both still has very strong generality. In judicial practices, especially incivil suit collateral to criminal proceedings, joint criminal action and joint act of tort existwidely cross phenomena.How to determine the civil liability of joint doers’ behavior hasbecome a big problem. Some actors constitute a joint crime, they need to bear commoncriminal responsibility,and some actors don’t need to bear criminal responsibility becausethey are not reached the age of criminal responsibility.So,should the joint doers who don’t undertake the criminal responsibility be the defendant of supplementary civil suitcollateral to criminal proceedings,should they bear civil liability as the consequences oftheir actions，and what is the type of responsibility.All above are urgent problems.This paper draws lessons from the advanced views of criminal procedural law field ofacademic research, combines with the practice of trial experience, attempts to discussseveral problems about joint tort in the trial of supplementary civil mental compensation.The article is divided into four parts：Part one,the relationship between joint tort and joint crime. The paper introduces the meaning of joint tort and joint crime.Expounds the commonness and differences of the two.Part two, common tort in joint crime. Sort out the civil liability of joint tortfeasors ingeneral joint crime and special joint crime, clear and definite the relationship betweencommon tort and joint crime.Part three,the common tort without undertaking criminal responsibility. Research thecivil liability of joint doers who do not constitute criminal liability, who do not havecriminal responsibility and who are not prosecuted to bear the criminal responsibility;clear and definite the relationship between tort and criminal offence.Part four,the special problem of common tort in civil suit collateral to criminalproceedings. Focus on the analysis of the problem that how the escaped criminal and thejoint crime actor beyond the limit bear the civil liability.