Study On The Hard To Execute Of Criminal Collateral Civil Compensation

The problem of "Hard to Execute" is the common experience in practice of all courts across the country. As an executor of a local court, I (the writer) have the same experience, especially in recent years, with the increasing number of Dishonest Persons subject to Enforcement, the lower rate of effective implementation, and more cases about applicant petition or bound to visit, which causes the higher attention of government sectors. Compared with the past, current legal system has a considerable development in constraining debtors. For example, Supreme People’s Court has launched the list of Dishonest Persons subject to Enforcement in our country. All the persons on that list will be subject to Credit discipline. However, actions like this can’t address the current situation of the problem of "Hard to Execute" in our country fundamentally due to the absence of the support from related systems and institutions.In recent years, China’s rapid economic development, but due to the uneven development, resulting in the gap between rich and poor, a variety of social contradictions have become increasingly prominent, China’s criminal cases into the high incidence of criminal victims groups in the continuous expansion, while the criminal with civil compensation cases, but because of various reasons can not be in place. In an increasing number of criminal victims’ rights and interests can not be guaranteed, they have a doubt about the justice of the judiciary, while the victim after the court can not get compensation and can not get social relief, often to social discontent, more people will go on the road of crime. Under this background, the implementation of the criminal supplementary civil compensation case is getting more and more attention.The collateral civil execution case, as a relatively special type among execution cases, has its own features. It differs significantly from the execution of normal civil cases in respect to constitutional characteristic, cause of formation, solutions and so on. To this end, it is necessary to carry out further investigation into such cases. Firstly, based on the consideration of social justice, it is a proper humanitarian responsibility to mitigate the suffer and loss of criminal victims. Only when the legal rights and interests of victims can be compensated and realized, can the legal justice and the social justice be achieved. Secondly, based on the need to build a harmony society, the execution applicant in the collateral civil cases are generally socially disadvantaged groups whose legal rights and interests be guaranteed utmostly is the key to build a harmony society. Disadvantaged Groups, should be given full protection, in both law applications and system design. Again based on the achievement of the value target of controlling crime, preventing or reducing the possibility of victims converting to criminals can be achieved.This article has concluded the current situation and features of the execution of such cases specific to the Criminal collateral civil execution cases, analyzing the causes of difficulty in execution, mainly embodied in the obscurity of Criminal collateral civil cases application procedure, the defect of the trial system" criminal procedure prior to civil procedure", and the lack of associated execution actions. Based on these, this article has provided several solutions to the current situation of the problem of "Hard to Execute" in Criminal collateral civil cases. First, based on the law status and practical needs of the compulsory execution of civil cases, compulsory execution law should be formulated. Second, carrying out reform to our Criminal collateral civil cases litigation system and exploring a new system better suited to the present conditions of our country. Third, improve property preservation and advanced execution systems alike. At last, improve the execution method of Criminal collateral civil compensation cases, establishing the system to assist obligor, promoting the combination of trial and execution and establishing the national system to help criminal victims. How to solve the problem of criminal incidental civil execution has not been solved by the agency’s unilateral efforts, And the public security organs, the people’s Procuratorate, the prison and criminal justice and other departments of the cooperation.