On The Improvement Of The Compensation System Of The Criminal Incidental Civil Action In China

It has been nearly 200 years since the establishment of the compensation system of criminal incidental civil action in the modern sense.Its important role is mainly reflected in punishing criminals and protecting the legitimate rights and interests of victims.However,because the current compensation scope of the system is not perfect,the safeguard measures are not powerful enough and so on,resulting in academic research and judicial practice on the criminal incidental civil litigation compensation system disputes.The legitimate rights and interests of the parties can not be effectively protected,the interests of the parties can not be properly compensated,their sense of mistrust of the judiciary is growing,and even the voices calling for the abolition of the compensation system of criminal incidental civil litigation are growing.Even though there are many imperfections in this system,we can't ignore its important value.Therefore,it is of great significance to think rationally about how to appease the dissatisfaction of the parties on the premise of retaining the compensation system of criminal incidental civil action.The compensation system of criminal incidental civil action is not only beneficial to appease the victim's mood and protect the victim's damaged economic interests,but also can greatly reduce the burden of the victim's family members,at the same time,it is beneficial to ensure the unity of the trial work of the people's court and save judicial resources.However,from the initial support to the disability compensation and death compensation,to the later cancellation of the support to the disability compensation and death compensation through the latest judicial interpretation,this phenomenon should cause the attention of the legislative and judicial circles to the compensation system of criminal incidental civil litigation in China.There are some defects in the current compensation system of criminal incidental civil action in our country,such as the narrow scope of the subject of the right to claim compensation,the insufficient scope of compensation,the small coverage of the scope of compensation obligors and the non-uniform and unreasonable compensation scale.The scope of the eligible subject of the right of claim for compensation should be appropriately expanded,and a reasonable judgment should be made on what is the compensation obligor.Inaddition,the scope of compensation needs to be adjusted reasonably to meet the theoretical and practical requirements.That is to say,the scope of compensation should be supplemented properly.Generally speaking,only by expanding the scope of compensation of criminal incidental civil action to the scope of civil compensation stipulated by civil laws and regulations,can it be closer to life and meet the requirements of people.At the same time,in addition to improving the subject and object of the system,the state should also establish and improve the corresponding relief system at the system level to lay the foundation for the establishment of a unified compensation standard.Since the eighteen Party's Congress,general secretary Xi Jinping proposed that China's dream of great rejuvenation of the Chinese nation be realized,and that the Chinese dream must build a harmonious society.Harmonious legislation is the precondition for building a harmonious society.Therefore,coordinating the legislation of compensation for civil suit collateral to civil proceedings and civil compensation in China is conducive to the establishment of a harmonious society and the steady development of society.After the effective judgment of criminal incidental civil action is made,it is often not effectively executed,and the difficulty of execution seriously damages the value of criminal incidental civil action system.First of all,the people's court will directly damage the rights of the victims if it fails to implement the effective judgment.Secondly,the seriousness of the people's court will be damaged.The people's court's judgment can't be executed in time and effectively,which will lead to the defendant's disrespect for the court's judgment and refusal to make compensation,while the victim and his close relatives will not believe the court's judgment because they can't get compensation,which greatly challenges and destroys the legal authority and the seriousness of the judicial organ's judgment.Finally,the difficulty of execution will intensify the parties,the criminal defendants and the parties Conflicts with judicial organs.This paper will mainly discuss how to improve the compensation system of criminal incidental civil action in China from four aspects:The first part,mainly discusses the background and significance of this topic,as well as the academic research status and achievements of incidental civil compensation.The second part mainly discusses the concept and value of the compensation system of criminal incidental civil action.The third part mainly points out the defects of the current compensation system of criminal incidental civil action in China,including: the defects of the main body of compensation;the defects of the compensation standard and compensation scope;the legislative conflicts between criminal and civil preservation system;the difficulty in the execution of criminal incidental civil action.The fourth part mainly puts forward the corresponding measures for the improvement of the compensation system of criminal incidental civil litigation,including: the improvement of the subject of the right of claim for compensation and the subject of the obligation of compensation;the improvement of the compensation standard and the scope of compensation;giving the investigation and prosecution authorities the power to take preservation measures;improving the execution system of incidental civil litigation.