On Rights Of Parties In Civil Suit Collateral To Criminal Proceedings And The Safeguard Mechanism

With material economy booming nowadays, the importance and utility of the study on civil law is beyond question, and the study on criminal law is in tune with the trend of human rights protection. Selective omission in theoretical research necessarily leads to omission in legislation. The difficulties that parties in civil suit collateral to criminal proceedings encounter are exactly the realistic portrayal of the system of civil suit collateral to criminal proceedings. The latest modification to 2012 Criminal Procedure Law adopts several new systems like property preservation, which is a significant progress of legislation. However, in other aspects, especially the scope of compensation, it is going backwards, which is equivalent to a regression of legislation. It is extremely urgent for us to give careful reflection on the current system of civil suit collateral to criminal proceedings in our country, to study various systems protecting human rights of parties in the said suit from the angles of Criminal Jurisprudence, Science of Criminal Procedural Law, Science of Civil Procedural Law and Law of Human Rights and to realize legalization of rights of the said parties. No matter in building equitable, authoritative and efficient socialist judicial system or in construction of due process of civil suit collateral to criminal proceedings, we are required to respect the parties’ status as subject of litigation and safeguard their human rights to the greatest extend. Compared to our system of civil suit and the system of civil suit collateral to criminal proceedings in foreign countries, the human right issue of civil suit collateral to criminal proceedings in our country requires immediate solutions.Apart from foreword and conclusion, the main body of this article consists of three parts as follows:From the perspective of the concept and features of parties in civil suit collateral to criminal proceedings, the first part anaylizes the provisions about parties in the aforesaid suit by setting forth special circumstances encountered in such suit. And then the first part also discusses the feasibility of including a third party as the party of the civil suit collateral to criminal proceedings after referring to the foreign legislations that provided so. This part is about the provisions in reality on parties in the civil suit collateral to criminal proceedings and their right, preparing for the analysis on relevant issues of parties in such suit below.The second part analyzes the status quo of protection of rights of parties in civil suit collateral to criminal proceedings and finds out its deficiencies under the current legal framework. This part combinates analysis of real cases and illustration of applicable laws in our country and probes into deficiencies and vulnerabilities in our current system, displaying the relevant provisions in our country that safeguard the rights of parties in civil suit collateral to criminal proceedings more vividly.On the basis of the three parts above, the third part considers from the angles of the plaintiff, the defendant and the third party in civil suit collateral to criminal proceedings, and gives advice on ameliorating the rights of parties in the said suit and relevant safeguard mechanism in order to construct a sound mechanism safeguarding parties in civil suit collateral to criminal proceedings. This part continues from the comparison with related systems in China and abroad and analysis on deficiencies and vulnarabilities of the system of civil suit collateral to criminal proceedings above, and delivers specific advices and opinions from the aspects of rights and safeguard mehanism of the palintiff, the defendant and the third party in civil suit collateral to criminal proceedings respectively. It also expects to improve the safeguard mechanism of the said parties, ensure the rights of the said parties, and safeguard the judicial fairness and justice.This article studies the safeguard mechanism of parties in civil suit collateral to criminal proceedings through comparative analysis and compares the provisions in foreign legislations and the reality and provision in our country. This article also gives advices and opinions on how to ameliorate the relevant legal system in our country, safeguard the legitimate right of parties, realize the third party’s right, and ultimately safeguard human rights.Civil suit collateral to criminal proceedings is aimed at protecting criminal victims’ rights and providing legal merit for remedies of civil rights of the victims. However, the deficiencies of system lead to insufficient safeguard of rights of parties in civil suit collateral to criminal proceedings. This article intends to analyze the issues in safeguarding rights of parties in civil suit collateral to criminal proceedings in our country through the real cases and deliver opinions and advices, contributing to the sound, reasonable operation of the system of civil suit collateral to criminal proceedings.