Research On The Private Relief Replenish The Civil Execution

Using the criminal incidental civil lawsuit mediation system can reasonably resolve conflicts between the defendant and the victim or his close relatives.Reaching a mediation agreement which is agreed by two sides is a kind of legislative tendency in China’s criminal procedure legal system. It is conducive to forgive the defendant in specific criminal sentencing remarks. Successfully using mediation system can balance the interests of both parties, and then achieve a satisfied result. Therefore, the mediation system will play an important role in criminal incidental civil lawsuit. Building a mediation system which is suitable for the modern spirit of rule of law in our country cannot do without comprehensive understanding of the current system. It includes grasping basic implication and legislation connotation, and deeply analyzing its value. It cannot do without referencing some effective experience of criminal reconciliation and restorative justice system as well. Both the unbalanced mediation initiative and cursory settlement in practice cases make a lot of problems. Therefore, optimizing China’s criminal incidental civil lawsuit mediation system is very important. The main point of improving criminal incidental civil lawsuit mediation procedure is to clarify the rage of application based on case situation and impose restrictions on mediators, which attempt to promote substantive justice through procedural justice. Meanwhile, reasonably handling the relationship between criminal incidental civil lawsuit mediation and measurement of penalty is necessary, which will realize transition from logically design of system to cautiously use of power of procurators and judges in practice. Only in this way can the criminal incidental civil lawsuit mediation which is suitable for our national conditions can be realized.