On The Mechanism Of Civil Suit Collateral To Criminal Compensation For Death Benefits

In our country,the victims get compensation approach is to file an incidental civil action,or independent civil criminal incidental civil action as a legal system with Chinese characteristics,is present in the most effective ways for victims to receive compensation.Compensation for death as one can expect material losses,should fall within the range of civil suit collateral to criminal compensation.Since January 1,2013,the Supreme People’s Court on the application of<prc criminal procedure law>interpretation after the implementation of death compensation no longer belonged to the criminal supplementary civil compensation range of decision support,this will also bring the compensation for death to the cusp,which explained the background of the time is taken into account,There are different standards of compensation in incidental civil action,a judgment amount inflated,sentenced gradually regularly visit to highlight issues such as litigation,has seriously affected the implementation of the criminal policy of temper justice with mercy,and damage the unity of the authority of law and justice.But the explanation after the judicial practice with regard to the compensation for death sentence,there is a lot of "treat different sentence" in the case.In order to solve thoroughly on death compensation in criminal supplementary civil action in application of chaos,only civil suit collateral to criminal compensation for the victim’s death relief mechanisms(hereinafter referred to as the compensation for death of relief mechanism),so when the victim could not be compensated by the defendant through the legal procedures to obtain the necessary relief,solve "sentenced",To fundamentally solve the system of civil suit collateral to criminal,a shackle.At present,no relief on death compensation mechanisms,but initially included in the victim assistance system,now belonging to the national access to justice.Perfection of relief system of compensation of death faces two major difficulties.First,the Supreme People’s Court on the application of<prc criminal procedure law>interpretation promulgated,the death compensation excluded from the range of civil suit collateral to criminal compensation;Second,justice started late in China and related policies are not perfect,the death compensation alone thinning out more diffcult.Based on the comment on the concept and character of the compensation for death,that death compensation should be included in the scope of civil suit collateral to criminal;And definition of the relief mechanism for compensation for death,analysis of China’s legal aid system evolution and theoretical basis of relief relief mechanism for compensation for death of cause and significance;For thinning out relief system theory as a solid foundation for compensation for death,some suggestions on the improvement of the relief mechanism for compensation for death.