Study On The System Of Civil Suit Collateral To Criminal

The criminal suit incidental civil action system in China,which is the joinder of a civil action for damages and criminal proceedings,has been of great practical value in improving lawsuit efficiency, promoting the civil compensation of victims to obtain timely and impartial judgment, safeguarding the legitimate rights and interests of defendants, and so on, with process value, entity compensation value and the fair value to achieve the purpose of the legislation and punishment of criminal and the protection of human rights.This article through the interpretation of the legal source, concept and value of the criminal suit incidental civil action and from the existing laws and regulations to analyze the scope of subject for plaintiff and defendants,accepting cases, extent of compensation,and litigants’ rights to choose a proper procedure,as to find the defects of legislation. Then, in combination with judicial practice, it analyzes deficiency judgments, especially the current situation of it’s enforcement of judgments, dual structure of lawsuit reconciliation system and court mediation. Based on the analysis of legislative defects and judicial practice of the realistic difficulties, the thesis proposes approaches to improving and perfecting this subject. First of all, perfecting legislation of criminal suit incidental civil action system to realize an unified and coordinated legislation system, as long as to add mental damage compensation into the extent of compensation and definite the scope of plaintiff, defendant, and other litigants. Secondly, based on summarizing the value of criminal reconciliation and mediation of incidental civil law suit system, this thesis puts forward concrete proposals for perfecting it. The other hand what to perfect is to give the criminal victim program options, which is about raising the criminal suit incidental civil action or civil action separately. Still further, establishing a national compensation mechanism for criminal victim, state that will be the compensation subject takes care of the specific range of criminal victim financially, which is a necessary supplement for the damage compensation of criminal, to correct destroyed justice by criminal activities, remove the victim’s imbalanced mentality, protect the victim’s legal rights and interests, defend the social stability and security.Through the above analysis, we can see that the criminal suit incidental civil action hasn’t get enough attention in legislation and judiciary, a lot of problems remain to be solved yet at present, which are the issues in judicial practice. The function and legal value of the criminal suit incidental civil action system hasn’t work properly and effectively. In conclusion, it’s necessary to discuss and study this subject.