| The system of civil suit collateral to criminal proceedings is the important part ofthe criminal proceedings, and one rescue way of criminal justice. Since theformulation of Criminal Procedure Law, the system has been established to functionin terms such as protecting victims’ civil rights and interests, relieving the burden ofprosecutors and avoiding the waste of judicial resources. With the pervasiveimplementing of judicial practice, deepening judicial idea, and the enhancingrealization of consciousness of civil right, the inner contradiction and conflicts of thesystem of civil suit collateral to criminal proceedings become increasingly obvious. Aseries of real questions are exposed, and get more and more intensified. As a result,the system has departed from the intention of legislation. The inner defects of civilsuit collateral to criminal proceedings system are innate and inevitable, which can notbe thoroughly eliminated via completing criminal legislation. Looking at the laws inworld, it is an international trend that criminal law and civil law are separated. Inorder to safeguard the uniformity and authority of law, to protect the legal interests ofvictims and defendants, it is suggested that civil suit collateral to criminal proceedingssystem should be abolished and civil lawsuits should be separated from criminallawsuits to guarantee the scientification of judicial proceedings and realize substantivejustice and procedural justice.This paper has four parts, including introduction and conclusion. The first partintroduces the legislative overview and major problems of civil suit collateral tocriminal proceedings system, and gives a summary to the reform theories of thesystem. The second part gives concrete analysis to the theoretical paradox of theexistence of civil suit collateral to criminal proceedings system. In this part, Ianalyzed in detail the existence of the system from four terms, i.e. the contradictionsbetween criminal lawsuits and civil lawsuits; between civil suit collateral to criminalproceedings and ordinary criminal lawsuits; between civil suit collateral to criminalproceedings and ordinary civil lawsuits, and the inner contradiction of civil suitcollateral to criminal proceedings. I did also query the civil suit collateral to criminalproceedings from the aspect of theories. The third part introduces the practicaldilemma faced by civil suit collateral to criminal proceedings system. The systemgradually reveals some problems in judicial practices, which has been illustrated mainly from two aspects: the lawful rights and interests of concerned parties can notbe guaranteed; and the mediation has function dissimilation in civil suit collateral tocriminal proceedings. In conclusion part, a rescue measure which suits nationalconditions is designed to protect civil rights of criminal victims. On basis of ourcountry’s judicial reality and relevant successful examples of foreign countries, thepaper has suggested that we should formulate a feasible plan to protect thoroughly thelawful rights and interests of criminal victims from three aspects: bringing individualcivil lawsuits, completing criminal meditation system, and building a governmentcompensation system for criminal victims, achieve scientific proceedings. |
