On The Abolition Of Civil Suit Collateral To Criminal Procedure

The legitimate rights and interests of citizens were directly against the wrongful act,caused some damage,the victim should be compensated through the proper channels.At present,help methods in China to take is to allow the victim filed a criminal incidental civil action,to ensure that the loss suffered by the victims can obtain reasonable compensation.The system produced in line with the prevailing social background,conforms to the historical trend at the time,also exerted an important influence.But with the gradual progress of judicial philosophy,and continue to strengthen the concept of the protection of rights of victims,the concept of the value of the system is gradually being questioned academics and practitioners of.Coupled with the lack of legislative and judicial.Not only improve the efficiency and authority of the initial intention to maintain a unified legal judgments are difficult to obtain real implementation,but also in the protection of criminal victims are increasingly highlights the limitations of these two do have a very different litigation activities,simple,combined with the physical together,not necessarily beneficial results to separate criminal and civil cases,and apply other programs providing state compensation is also useful to try to have suffered losses.Based on this,this article will be based on the protection of the legitimate interests of the victims,the use of punishment,the idea of separating people,right now this program run deep introspection,careful analysis,summarized practice of our country,learn the legislation of other countries of the world after the experience,the system abolished,civil mixed criminal cases of how to solve the system to make some assumptions.The thesis is divided into three parts,starting from two cases,leading to two different views on the existence or absence of this system,and point out the view that this article supports the "abolition".The internal conflict of civil incident in the first part of this paper mainly discusses the value of the system itself and the litigation rules,and points out its inherent contradiction.The second part mainly introduces the current situation of our country,mainly from the scope of the main body of the incident,the scope of the case,the scope of compensation,the mediation contradiction with the litigation and the implementation of the four aspects of the discussion,pointed out that China's current system of a series And pave the way for the following system design.The third part of the reflection and reference,mainly on the basis of the previous discussion,to further study the experience of foreign countries,focusing on improving the civil damages for criminal damage relief,improve the system of criminal reconciliation and criminal victims of the three aspects of institutional design.