Research On Compensation System Of Criminal Incidental Civil Procedure

Compensation system of criminal incidental civil procedure has played a great role in maximizing the value of equity and efficiency of law,saving judicial resources and alleviating the burden of litigant.However,with the rapid development of China's economy and society,especially the gradual maturity and perfection of the civil legal system,Compensation system of criminal incidental civil procedure has produced the dispute of "retaining or abolishing" and has become more and more intense.Debate over its nature,how to apply the law and the application in judicial practice lead to many social contradictions.Often,while solving contradiction problems,new contradiction problems arise.For example,compensation for moral damage,disability compensation and death compensation may be sought in general civil proceedings,but the criminal incidental civil action is ignored.This leads to petitions,complaints and other issues affecting social stability.When mental damage is caused by infringement in a simple civil action,the infringed person may claim compensation for moral damage.But the more serious infringement caused by crime can not be brought up.Disability compensation and death compensation may also be claimed by the infringed in general civil action.However,incidental civil action makes various restrictions on its application.And the attitude of the Supreme People's Court is still ambiguous.This has caused confusion in judicial application.This article attaches great importance to the value of criminal incidental civil systey,expounds its shortcomings under the background of the new era.Finally,some suggestions for improvement are put forward.