Research On The Scope Of Incidental Civil Action Compensation

China's incidental civil procedure system has been formally established since the promulgation of "Criminal Procedure Law" in 1979.Over the years,the incidental civil action has provided a relatively quick legal way for the victims to solve the civil compensation problem,and it is also developing and improving itself.However,on the issue of the scope of compensation in subsidiary civil litigation has not been close to the ordinary civil litigation,and there is a trend of further narrowing.Although the incidental civil action is attached to the criminal procedure and if the incidental civil action without the existence of the criminal action will become like water without a source,but it can not be denied that it is still the essence of civil action.All along,"Criminal Law" and "Criminal Procedure Law" has framed the scope of compensation for incidental civil action as "economic loss" and "material loss",and the judicial interpretation of the Criminal Procedure Law came into force in 2013 has eliminated disability compensation and death compensation from "economic loss" and "material loss",further compressing the scope of compensation for incidental civil action.In the new era when "Civil Code" is about to be adopted,the conflicts and contradictions between civil and criminal legislation will be more prominent and acute in the foreseeable future.How to coordinate the inconsistency between incidental civil action and ordinary tort civil action in the scope of compensation is very necessary and urgent.The Article centers on four aspects to discuss the basic theory of the scope of compensation of incidental civil action,the inspection of relevant beyond the borders systems,the current situation and problems in the legislation and judicial practice of our country,and suggestions on improving the scope of compensation of incidental civil action.Concretely,based on the basic connotation and liability basis of the compensation scope of incidental civil action,the article comes to the conclusion that the compensation scope of tort arising from criminal act shall be consistent with the compensation scope of ordinary civil tort;afterwards,it comes to the same conclusion by reviewing the relevant provisions of beyond the borders legislation.On this basis,combined with the current situation of domestic legislation and judicial practice,this paper analyzes the problems of the scope of incidental civil action compensation,and finally puts forward suggestions and ways to expand the scope of incidental civil action compensation.Compared with the previous studies,this paper makes a comprehensive statistics of the differences of the compensation scope of the Higher People's Courts and the Intermediate People's Courts in the provincial capital cities in recent years,and makes a classification and comment on them to reveal the existing problems.In the suggestion of perfecting the compensation scope of incidental civil action,the author puts forward the idea of step by step.Finally,the author deeply studies how to deal with the difficult execution of the incidental civil action judgment in judicial practice.In order to protect the enforcement of incidental civil judgment after enlarging the scope of compensation,some countermeasures are put forward,such as perfecting the preservation of lawsuit,combining civil compensation with commutation and parole,and establishing the system of victim relief and compensation.