The Protection Of Civil Rights Of Criminal Victims Under Incidental Civil Action

In China, the criminal supplementary civil action system is an important system for criminal victims to acquire help and relief, but in the process of practical application, it is controversial. The criminal supplementary civil action in criminal cases system aims to solve the civil compensation disputes between the victim and the defendant. In respect of optimize the use of judicial resources and improve the efficiency of the purpose of judicial organs, it has no obvious difference with general civil procedures in general. In this system, all mental injury compensation claims are direct excluded due to the provisions of the law. For the death compensation claims of victims, practices are not same, attitudes are ambiguous, because the law is not clear. Some courts think is the material loss, so htey directly support the request of the party; some courts make it rigidly uniform practices, and reject this kind of claims, because they think the death compensation is the mental damage compensation, the law can not make a decision; there are even in some courts, the aplication of death compensation in a chaotic situation, for they sometimes support and sometimes reject the death compensation in similar cases. In addition, in some criminal cases, even if the court claim for criminal victim support, but the defendants are not able to compensate for property, so the judgements cannot be performed in the process of implementation. The victims win the lawsuit but the compensation cannot be obtained. For the victim, it is extremely unfair to bear not only direct losses crime brings, but also the treatment produced from criminal behavior and to pay the huge cost of damage. Therefore, the author thinks that country can establish a realistic national compensation mechanism to protect the various rights of criminal victims, reduce the pressure of victims suffer, and embody social care and stable social order.I hope that the research of the judicial and theoretical circles, can provide some suggestions for the improvement of the criminal supplementary civil action system, and contribute to the development of civil protection of victims’ rights.