Research On The Pattern Of Incidental Civil Actions

In China,the pattern that criminal cases being heard prior to civil cases is usually adopted in dealing with incidental civil actions.As a judicial rule,it is entirely obeyed by the courts when hearing the criminal with civil lawsuits,that the adjudication of incidental civil actions must be based on the adjudication of the corresponding criminal actions,which will deprive the victims of their opportunities to file independent civil lawsuits and force them to accept the judicial procedure of incidental civil actions imposed by the courts instead.Because of this procedure,many of the victims as well as their relatives can not receive their legal remedies timely.Meanwhile,under the thought of “criminal cases prior to civil cases”,civil cases adhering to the criminal cases also leads to the difficulties of enforcement and thereby the civil rights and interests of the victims can not be protected effectively.In conclusion,as an inherent pattern in the incidental civil actions,“criminal cases prior to civil cases” should not be accepted.From the perspective of the source of power and case by case,this paper explores to build a paralleled working mechanism including “criminal cases prior to civil cases”,“civil cases prior to criminal cases” and “the separation of civil adjudication and criminal adjudication” on incidental civil actions through rethinking the pattern of“criminal cases prior to civil cases” and analyzing the necessity and feasibility of “civil cases prior to the criminal cases” and “the separation of civil adjudication and criminal adjudication”.By doing these above,we are supposed to find a balance between the public authority and private rights,therefore,the interests of victim are expected to be protected.