Study On The Mechanisms For The Protection Of The Rights In The Related Criminal And Civil Cases

Relationship of criminal law, civil law relations experienced isolated from fusion, and from separation to partial fusion development road. In the slave society, feudal society, the ruling class will revenge, to pay the redemption payment and compensation as a means of punishment, punishment, no boundaries; the legal system is give priority to punishment, punishment is not. The modification of law, breaking the traditional law "punishment is not divided into" system, criminal law, civil law began to separate. But with the in-depth study of legal theory, gradually realize the criminal law and civil law, although in the regulated object, means each are not identical, but there is overlap or implicated in legal facts, the main responsibility, legal responsibility. Especially with the development of the concept of restorative justice, civil compensation into the criminal procedure, is conducive to crime people a profound understanding of the consequences of his actions, for timely protection of rights of victims, more conducive to the realization of penalty function and to restore social order. China’s criminal law provisions of the supplementary civil action, recovered and shall be ordered to pay compensation system, embodies the concept of restorative justice, saving the cost of justice. But with the development of civil and criminal law practice, the legal relationship is more abundant, fusion and balance of correctly handling the legal relationship of criminal legal relationship and civil, need to strengthen the study on the mechanism of civil rights protection.This paper expatiate on the related criminal procedure and civil rights protection concept, scope and historical development, summarizes the related criminal and civil cases mainly two problems:one is the crime directly infringes upon the civil right, also caused "coexist" coexistence relationship of criminal law and civil law relations between the criminal and civil legal relationship; two is due to crime means, object, object caused by civil legal relationship, the relationship between civil law and the protection of criminal law relation "relational" criminal and civil legal relationship. On the basis of "coexistence of criminal and civil legal relationship,"relational" criminal and civil legal relations in civil rights legislation to protect the status quo and the problems in practice were analyzed. At present the "coexistence" criminal and civil legal relationship, the implementation of the criminal supplementary civil action system, recovery and ordered to return system; the "relational" criminal and civil legal relations, belong to the same legal facts of the civil litigation to be criminal case again after the trial, the two reflects the criminal priority. Then the concept of reflection, theoretical reflection, reflection of the system and the judicial practice reflection on the legal practice of criminal priority under the guidance of the principle, the absolute tendency criminal priority has been hampered by the civil rights protection of victims. Finally, the protection of civil rights path related criminal and civil cases. Parallel principle of punishment has a rich theoretical basis and realistic foundation based on, more in line with the independence of procedure, value pluralism development, more general, procedure oriented and scalability in the specific application, should be the punishment principle as a basic principle of parallel processing in civil and criminal disputes related to the protection of civil rights, independent program position specific path, criminal and civil cases, and under the guidance of this principle is described in detail in civil and criminal disputes related to solve the coordination mechanism and criminal and civil case judgment conflict management mechanism, in order to protect civil rights continue to strengthen the relevant criminal and civil cases.