Research On Several Issues In China's Criminal Incidental Civil Litigation System

In criminal proceedings of our country at the beginning of the establishment of the purpose is to facilitate the litigation procedure in lawsuit,the reducing litigation,and timely remedy caused by unlawful infringement damage,ensure consistency of trial results and the implementation of the criminal policy of combining punishment with leniency.Although the system has its historical rationality,there are some problems in the current trial practice,and the theorists are very controversial about it.This paper focuses on the history of the development of criminal incidental civil lawsuit system,sort out and confirm briefly the basic theory,characteristics and value of the system,clear criminal incidental civil lawsuit system still need to adhere to,the need to keep the reasons,and analyses some problems of the system,to find a solution path.The main body of this paper is divided into three parts.The first part is the basic theory of civil suit collateral to criminal proceedings.First,clear positioning of criminal incidental civil action,starting from its characteristics and value orientation of the system analysis,put forward the significance and value of criminal incidental civil action,indicates that China's criminal supplementary civil action system should adhere to,but need to continue to improve.The second part is about some difficult problems in the system of criminal incidental civil action.Through the study of the current criminal incidental civil lawsuit system suffered in the practice of justice,research the cause of current operating conditions,discussed from the case and the scope of compensation,the choice of the parties,the right of civil liability and criminal liability,civil litigation incidental civil judgment of res judicata and other aspects,summed up the specific path to improve China's criminal incidental civil action.The third part is the improvement suggestion of criminal incidental civil action system.Put forward to perfect our criminal incidental civil lawsuit system suggestions from several angles,to expand the scope of the claim for damages,from the law to give the parties the right to choose the procedure and to strengthen and perfect the criminal reconciliation and criminal mediation system,the establishment of the victim rights protection mechanism,the four key point to resolve the issue of compensation,the criminal incidental civil lawsuit system construction,registration and protection of the rights and interests of the victim compensation system,scope,starting from the current situation of China's judicial and balance various interests,and put forward the suggestions to improve the system of criminal incidental civil lawsuit.