Discussion On Compensation System Of Supplementary Civil Action In Criminal

In the equality of civil subject, the violation of civil rights of other people in violation of contract or tort, should bear the corresponding legal provisions of civil compensation liability, which includes direct property compensation, personal injury compensation and spiritual damage compensation, this kind of relief for the infringed is fully charged. In the criminal case, the victim’s legal relief is limited. According to our country’s criminal law article ninety-ninth first and the thirty-sixth paragraph of the first paragraph of the article, the victim can only to the victim’s direct material losses suffered by the crime of civil litigation, and can not be stolen property or mental damage to the collateral civil proceedings. The author believes that the crime of the crime not only violates the object of the crime, but also the spirit, the body and the property of the victim. In addition to the defendant in accordance with the law should bear the corresponding criminal law, but should bear the civil liability for the victim, to fulfill the obligation of compensation. The law should support the victim to carry out the full and full relief, but not limited to the material loss caused by the crime.This paper is divided into four chapters:Introduction briefly introduces the research object, the social background, the necessity of the study, etc.In the first chapter, the parties and their status, function and object of litigation in the civil procedure are introduced. As soon as possible to the end of the proceedings not protracted, after the court should according to different circumstances for mediation or judgment or ruling.The second chapter is the limitation of the current criminal supplementary civil action compensation, which is caused by the direct material loss, and the relief of criminal victims is far from enough. Incidental civil action for compensation to expand the scope of be, carrying thorough relief to the legitimate rights of the victim, the crime caused by indirect loss, damage the spirit of, stolen property cannot be restitution of the losses etc., mutatis mutandis, the civil action for compensation.In the third chapter, the court is not in agreement with the standard of compensation for the criminal supplementary civil litigation, sometimes more consideration of the external factors, such as the ability of the defendant’s compensation, the difficulty of execution, etc.. The practical and theoretical circles of the compensation standards are also recognized. Some people claim that the compensation of civil litigation, the nature or the civil compensation, should be consistent with the standard of civil compensation. And more people think that the most severe criminal punishment, the civil compensation standard is correspondingly lower. And the author believes that it is because of the criminal acts of the people to implement the criminal law to prohibit the crime, the victim caused a huge loss, to punish the perpetrator, and comfort the victim, the criminal acts of punitive damages, criminal with civil compensation standards should be higher than the standard of civil litigation.The fourth chapter is about the compensation of criminal cases, which should not be stopped in the paper, but should be real. But often because of the crime of criminal acts to accept the punishment, the property itself is not available for the implementation of the property, the family of the implementation of the non understanding, do not match, resulting in compensation can not be fulfilled. The legitimate rights and interests of the victim can not be effectively relieved, and often life can not be guaranteed. Some people get relief and continue to petition, appeal, resulting in a variety of social issues. For better compensation for criminal victims state should be established, the first compensation mechanism, for crime temporarily unable to compensation, by the state compensated in advance. By the state to the perpetrator to recover.Concluding remarks. In order to better play the role of the system of civil suit collateral to criminal proceedings, it is necessary to improve the civil procedure of our country, expand the scope of civil suit collateral to civil litigation, and agree with the scope of civil litigation. In order to punish the crime, to prevent the crime effectively, and to implement the punitive damages to the criminal acts, the compensation standard should be higher than the standard of civil litigation. For the crime victims can not pay compensation in place, we should establish the state compensation mechanism, to ensure that the rights of criminal victims to get full relief, better safeguard social stability, building a harmonious society.