On The Recognition Of Subject Qualification In The Civil Suit Collateral To Criminal Proceedings

The civil suit collateral in criminal proceedings is an important system.While judging the civil and criminal parts separately with two proceedings,a second judge is needed in such matter.Although the two judges are judging based on different laws,the facts that are presented in the case to the judges are repeated.Then it doubles the spending of lawsuits for the Court and the client. Especially in the Basic Courts,these cases are always very simple and clear. The clients carry less of the burden of proof as suppose to the public prosecutors who have the burden of proving the criminal facts,and the clients only need to certify the damage. There is no need for the clients to have professional knowledge of the law.In other words,this civil suit collateral in criminal proceedings is reflecting the spirit of civilian.In such proceeding,there is no legal costs and long waiting periods. It’s worthy to imporve the efficiency of criminal procedure. Also as the entire Judiciary,this proceeding confirms the accordance between the Civil and the Criminal.But at present,the research of this proceeding places over emphasis on the scope of acceptance,indemnity items criteria,and compensation for spiritual damages,and so on.The problem of main scope of the subject is ignored.I believe this problem of subject is the basic issues to solve for any upper problems.