In Civil Suit Collateral To Criminal Protection Of The Rights And Interests Of The Victim

Civil suit collateral to criminal proceedings as an important part of criminal lawsuit system in our country, the system is set up as the starting point is to sanctions against criminal activities, safeguard the property of the state, the collective and the citizens, at the same time improve judicial efficiency, saving the cost of justice, the maintenance of the unification of justice.But with the growing a series of problems in practice:Begin from the status, the main criminal suit is the intervention of public power, by direct confrontation with the criminal defendants, in practice, more attention was on the rights of criminal defendants and really need to protect the victim is not prominent, the appeal is not smooth.Secondly, from the scope of compensation lawsuit, the scope is too narrow, according to China's criminal procedure law and the judicial interpretation issued by the supreme people's court, has failed to incorporate the spirit of the victim compensation, and the scope of the material loss is limited to have suffered losses and losses.Again, from the point of view of the referee, punishment, the people brought to the judge, give attention to two or morethings, due to the different professional and division of labor in processing is relatively complicated, the civil suit collateral to criminal proceedings for the referee can't very good master of the cases, affect the fair trial.Finally, from the aspects of sentence execution, judgment of civil suit collateral to criminal proceedings are often difficult to enforce because of the defendant cannot afford to pay, not the victim's rights and interests protection, resulting in the victim lose the reliance of judicial justice. Through the practice exploration, therefore, to strengthen the system construction and perfect can truly effective protection of the rights of the victim.This paper mainly divided into four parts to elaborate:The first part, the victim status in criminal lawsuit.In this part firstly introduces the victim in the criminal legal relation of the position and role, then explain the victim's position in the civil suit collateral to criminal proceedings and shall have the right. This paper through the analysis to the protection of the rights and interests of the victim of the rationality and legitimacy.The second part, the compensation range of civil suit collateral to criminal proceedings.Through case analysis of the changes in China in the criminal legal act for the civil suit collateral to criminal proceedings and the limitation of the provisions of the scope of accepting cases, pure material damage claim cannot make up for mental injury brought by the most vicious crimes and immeasurable sustainable material loss.So for incidental civil action and perfected in the compensation range should be based on practice, not only the pursuit of efficiency of the settlement of criminal case and the loss of judicial fairness and authority.The third part, the problem of criminal, civil incorporate processing.Criminal state judicial organs as the leading criminal procedure, from the investigation, prosecution to judge each link has a very strict and fixed process.Civil litigation may focus on protecting the interests of the individual, however, equal emphasis on both legal status, the flexibility of its program, and at the discretion of the judge is also relatively loose.From the criminal protection of the rights and interests of the victim blindly into the criminal trial, will bring the judge, at the same time is also detrimental to the protection for the rights and interests of the victim.The fourth part, the improvement of the system of civil suit collateral to criminal proceedings.Face up to the violation by the victim, respect the legitimate demands of the victim, the determination of scope of accepting cases to be more scientific.Give the victim free choice process, make the choice according to the actual situation to ensure that the rights and interests maximization.For the execution of criminal incidental civil judgment difficult problem, but the advance execution system in civil action, leading to pay the payment.Set up a country of crime victim compensation system and perfect the social assistance system, standardize the procedures of criminal reconciliation.