Civil Suit Collateral To Criminal Proceedings Model Research

The content of the justice and efficiency of the two most important since the law was born in has been associated with in the process of its development, and system of civil suit collateral to criminal proceedings is organic combination of these two principles, not only effectively protect the state, the collective and personal property rights of citizens are inviolable played an important role, and the simplified procedure, improve judicial efficiency, saving judicial resources has also made its own contribution, etc. However, with the development of our country’s economy, the progress of the society, the use of civil suit collateral to criminal proceedings in daily life is also more and more widely, will be more or less in many criminal cases involving with solving the civil liability, and there are more and more strong trend, and in the judicial practice, the case is more and more in the direction of diversification and specialization, with the incidental civil action, there is a series of major problems. So this article from the following four parties face model to research the civil suit collateral to criminal proceedings. First from the background, significance of the topic selection, fully collecting system of civil suit collateral to criminal proceedings of the current research results, to a large number of all kinds of information on the system research and classification, and from one’s own research direction, ready to study the system. The second is from the system of civil suit collateral to criminal proceedings of battle began, clear the importance of the system, fully recognized system the important role of civil suit collateral to criminal proceedings, and starting from our country criminal incidental civil lawsuit pattern, the pattern to conduct a comprehensive analysis of the two kinds of lawsuit of our country, it is concluded that the advantages and disadvantages of two kinds of litigation mode, to determine the supplementary model is more suitable to our country law present situation. Third from outside of the two pattern system of civil suit collateral to criminal proceedings, the civil law of the attached model and the separation of Anglo-American law system to conduct a comprehensive and reasonable research, find the advantages and disadvantages of two patterns, finally to the system of civil suit collateral to criminal proceedings in our country has any positive impact and reference. Fourth, in determining the system of civil suit collateral to criminal proceedings in our country faces numerous cases of defects, how to perfect the system of civil suit collateral to criminal proceedings in our country actively, make it play a huge role.