The Victim's Civil Rights Protection In The Cross-cutting Issues Between Criminals And Civilians

In cross-cutting issues between criminals and civilians,the complexity of substantial legal relations tends to cause conflicts between criminal procedures and civil procedures.In the judicial practice involving both criminal and civil actions,civil procedures may be affected by criminal procedures in every step from case filing to execution,leading to the phenomena where victims' civil rights and interests are not fully,timely and comprehensively protected.Theoretically,victims in criminal-civil cross-cases naturally play two roles,a party concerned in the criminal procedures and a party concerned in the civil procedures.With the progression of victims becoming a party concerned in criminal procedures in China,victims are likely to play a conflicting,even opposite role in cross-cutting issues between criminals and civilians,suggesting that the civil rights of victims give way to the commencement of criminal proceedings.Due to the principle of “criminal procedures precede civil procedures” that has long affected the resolving of procedural conflicts,the protection of victims' civil rights and interests yield to criminal procedures for prosecution.In order to address the problem of protecting civil rights and interests of victims,a preliminary hearing system can be established,dividing relief measures into two modes,parallel procedures and incidental procedures;apart from perfecting concrete norms of the two modes,the principle of “civil procedures precede criminal procedures” should be tentatively applied in some cases.What's more,the rules of additionally instituting civil procedures should be detailed in a bid to connect criminal procedures and civil procedures,and the rationalization of applying inspection and supervision to assist in the handling of criminal-civil cross-cases should be underscored,with the ultimate goal of achieving the balance between protecting victims' civil rights and reasonably allocating judicial resources.Specifically,the thesis can be divided into 3 parts,namely the introduction,the body and then the conclusion,of which the body part can also be divided into 3chapters.First of all,the introduction part mainly introduce the background of criminal-civil cross-cases being a hot topic,which is also the research object and research characteristics of this thesis.Further,the introduction part makes preliminary research on the definition and theoretical classification of cross-cutting issues between criminals and civilians,and holds that procedural criminal-civil cross-cases have the most significant research value.Based on this,it summarizes the basic modes of criminal-civil cross-relations,points out that in these modes,the phenomenon of insufficient protection of victims' civil rights and interests is easy to occur,and then extends the specific content of the text.Chapter One presents the difficulties in protecting the civil rights and interests of victims in cross-cutting issues between criminals and civilians from a microcosmic angle.Starting with the procedures of case filing,trial,and enforcement,this chapter encapsulates the situations where the victims' civil action rights,civil entity rights,and civil remedy to the tort on compensation rights were violated due to the impact of criminal procedures on civil procedures.In addition,this chapter discusses the limitation of the role of civil actions incidental to criminal procedures and the poor enforcement of the recovery and return system in criminal cases.It can be seen that insufficient protection of victims' civil rights and interests in criminal-civil cross-cases is a manifestation of conflicts between criminal procedures and civil procedures.Chapter Two theoretically analyzes the institutional origin of the difficulties in protecting victims' civil rights,revolving around the two aspects of the position of“victims” and the principle of “criminal procedures precede civil procedures” when there are procedural conflicts.In cross-cutting issues between criminals and civilians,victims may play different,even conflicting roles in criminal and civil procedures,coupled with the influence of victims acting as a party concerned,which leads to the natural conflicts between protection of victims' civil rights and prosecution of criminal offenses.However,given the collision between victims acting as a party concerned and criminal procedures' development tendency,the aforesaid natural conflict and contradiction will always exist in the short term.Therefore,the handling of cross-cutting issues between criminals and civilians has long been influenced by the principle of “criminal procedures precede civil procedures”,and even the wrongguidance of “criminal procedures go first”,leading to that victims' civil rights and interests cannot be fully and timely protected.Chapter Three explores the feasible ways to improve the protection of victims' civil rights and interests in cross-cutting issues between criminals and civilians.First of all,a preliminary hearing system can be tentatively established in China.Then,the protection and remedy paths for victims can be divided into two modes,parallel and incidental.In the parallel model,due to the parallel relationship between criminal procedures and civil procedures,the establishment of the principle of “civil procedures precede criminal procedures” has its rationality,and it is expected to rectify the adverse effects brought about by the original principle of “criminal procedures precede civil procedures”.Moreover,the principle of “civil procedures precede criminal procedures” promises to suppress severe-penalty doctrine.However,it should be only applied to the cases that can be handled by both criminal and civil procedures or that should be first handled by civil procedures.In the incidental mode,civil procedures incidental to criminal procedures and the recovery and return system in criminal cases also have room for improvement and standardization.In addition,a national compensation system for victims can be established as a supplement to facilitate the realization of civil rights and interests in criminal procedures.Meanwhile,the rules for additionally instituting civil procedures should be detailed in a bid to connect criminal procedures and civil procedures and give play to the inspection and supervision role of procuratorates in cross-cutting issues between criminals and civilians.These efforts are expected to perfect the protection mechanism of victims' civil rights and interests in cross-cutting issues between criminals and civilians.