On The Priority Rule Of Civil Liability For Compensation

The priority rule of civil liability to pay compensation is initially set1979"PRC Criminal Law". In1993"PRC Company Law"article228th:"Company violates the provisions of this law, it shall bear civil liability for compensation and payment of fines or penalties, the property is insufficient to pay off, it shall firstly undertake the civi compensation." Subsequently, a number of legal and judicial interpretation stipulates this rule. However, the use of priority rule of civil liability to pay compensation did not achieve a good connetion between civil law and criminal laW,substantive law and procedural law, leading to many obstacles to its application.On the applicable conditions of priority rule of civil liability to pay compensation, as long as the responsibility of the property is not enough to bear criminal and civil liability can be, without the need to meet the requirements of "simultaneous". Not because of the same behaviour to undertake criminal and civil liability can aslo apply to this rule. In the definition of the scope of property penalty, pecuniary penalty and forfeiture of property shall be included in. The illegal income should be incorportated into the range of responsibility property, for priority compensation for the victim’s loss. Whether in civil suit collateral to criminal litigation or independent civil litigation, criminal litigation, can realize the relief of public force for priority of civil compensation.In the judical practice there are many obstacles to hinder the application of civil liability for compensation priority rule. Advanced payment of pecuniary penalty as sentencing factors, greatly weakened the enthusiasm of the offender to pay civil compensation. The civil suit collateral to criminal litigation of first the punishment queen people"in design concept and concrete procedure, including the regular practice, peoperty preservation difficult to implement, the limitation of victim compensation claims, the collateral civil judgment hard to execute, and so on caused serious impact on the implementation of the priority of civil compensation. Criminal cases and civil cases trialed by different courts, increased the difficulty to execution for priority of civil compensation. In order to guarantee the civil rights of people, truly realize the priority of civil compensation, we should take feasible measures. In the civil suit collateral to criminal litigation, the civil compensation should be lawful penal discretion details, and as the circumstances of penalty measures for probation, commutation or parole, integrating with civil mediation and criminal reconciliation system.Establishing an independent priority executive procedure of civil liability for compensation, clear execution subject and procedure, by the implementation of the national deterrence mechanism to improve the efficiency. Construct the civil suit collateral to criminal litigation of "our ancestors to punishment", clasify the scope of compensation, adanced the application time to the stage of investigation, play the function of criminal reconciliation, and the civil compensaiton performance as a lighter punishment basis. To forfeiture of property, the time of definition property point to the implementation of criminal acts, radicate the basic executive rules of forfeiture of property. For criminal cases and civil cases trialed by different courts, through the courts information constrution and the system of outer party dissidence to achieve the purpose of priority of civilcompensation. To perfecto the substantive rules and procedural norms of the system of criminal victim assistance, the substantive rules includes relief object, conditions,standards, and aid agencies in several aspects, appliction procedures, review procedures, decision and payment procedures, and to the crime recovery procedures belong to procedural norms, to guarantee the victim obtain certain civil compensation by national compensation.