Research On Compensations In Civil Suit Collateral To Criminal Proceedings

Compensations in civil suit collateral to criminal proceedings means that the publicsecurity and judiciary organs solves the compensations to civil damages caused by thecriminal acts at the same time of prosecuting the defendant for their criminal liabilities duringthe criminal proceedings, which include: the subject of compensation, scope of compensation,realization of damages, etc. AS the core of civil suit collateral to criminal proceedings system,the damages in civil suit collateral to criminal proceedings have significant meanings, as itconcerns whether to abolish the civil suit collateral to criminal proceedings, the rights andinterests of the victim, and the stability and harmony of the society. However, before therevision of the Criminal Procedure Law in2012, there were a lot of problems in the juridicalpractices of the compensations in the civil suit collateral to criminal proceedings, such as theimperfect scope of the parties to be compensated, the narrow compensation scope, anddifficult implementation of compensation verdict. Even after the revision of he CriminalProcedure Law offers solution or improvement to the above problems to a certain degree,there are still a lot to be improved, and the revision has also triggered some new problems. Tosolve all these problems, the paper will first discuss the theoretical basis of the compensationsin civil suit collateral to criminal proceedings, then starting from the legislations and practicesconcerning the compensations in civil suit collateral to criminal proceedings, to explore theproblems existing in the system of compensations in civil suit collateral to criminalproceedings, propose my own opinions and views on the solution of such problems, and drawa conclusion. The paper will include three main parts:Part I, theoretical basis of compensations in civil suit collateral to criminal proceedings,mainly introduces the concept and nature of the civil suit collateral to criminal proceedingsystem, and the meaning of compensations in civil suit collateral to criminal proceedingsystem and the research significance.Part II, the status quo of legislations of civil suit collateral to criminal proceedings inChina and the existing problems. This part is divided into two sections. The first sectionsummarizes the legislation stipulation concerning compensations in civil suits collateral tocriminal proceedings, and the second section makes simple presentation on the prominentproblems in the juridical practices of compensations in the civil suit collateral to criminalproceedings. Parties in respect of compensation problems are: Section99of the Criminal Procedure Code defines "victim" range is not clear; victim nearly dead relatives punishmentprescribed uniform and disorderly people do not follow; would be illegal possession of anyproperty, disposal the victim suffered material losses excluded outside the scope of thecriminal incidental civil plaintiff, depriving the victim of such criminal incidental civil right tosue; may not file an incidental civil fugitive accomplice. The scope of the problem ofcompensation exists mainly narrow the scope of compensation for moral damages,compensation for death and disability compensation are not compensable. The main issue ofcompensation measures implemented to protect: the identification of a criminal defendantproperty system deficiencies; offender lack of follow-compensation capability.Part III, improvement of the compensations in civil suit collateral to criminalproceedings. In which were presented my own views on the reform and improvement of civilsuit collateral to criminal proceedings, aiming to solve the problems in the compensation incivil suit collateral to criminal proceedings based on China’s actual conditions, the theory ofcompensations in collateral civil suits, and relying on the present legislations and juridicalpractices in the collateral civil suits in China.Recommendations for compensation for theparties raised the scope of problems are: to improve the "victim" requirement; modifiedexpression "close relatives of victims have died," the death of the victim would have beenmodified as heir apparent close relatives of victims have died; given property is illegallyoccupied, disposal with the victim the right to sue for civil cases; expressly qualified fugitiveaccused accomplices. Recommendations for the problems of the scope of compensation thatis: the spirit of damages, compensation for death and disability compensation included in thescope of compensation. Recommendations for the measures implemented to protect theproblems of compensation that is: the establishment of a criminal defendant transferred theproperty to identify and docketed into the file system and the establishment of prison laborcompensation system. To prevent the suffering and crimes against the lack of compensationfor the loss suffered by the victim lives into extreme difficulties, the author proposes victimscompensation system should be established.