| Our country criminal incidental civil action compensation system is very important,it guarantees the balance between the criminal case and the civil case,guarantees the people’s court in the judicial practice criminal and the criminal incidental civil judgment before the public legal authority,provides the relief way when the national,collective and individual legal rights and interests are infringed.In the application of the criminal incidental civil action compensation system,various problems occur frequently,especially the limitation and ambiguity of the criminal incidental civil compensation project,the fact that the judge of the criminal case is not good at it and does not attach importance to the criminal incidental civil action in the trial,the fact that the victim can not obtain the actual compensation despite the effective judgment,and the mutual influence between the criminal incidental civil compensation and the defendant’s punishment,which can not be solved in legislation and judicial practice.This paper first analyzes the current legal provisions and the legislative intention of judicial interpretation from the concept and legislative status of criminal incidental civil action compensation,and then finds out the specific problems in judicial practice,such as the scope of compensation project,the short time limit of criminal incidental civil action,and the lack of execution of compensation.In the process of combining judicial practice and analyzing problems and legislative conflicts in detail,the solution is considered.Finally,based on the practice of different countries and different theoretical basis,the author puts forward the author’s suggestion : the first task of criminal incidental civil legislation in modern society in our country is to confirm the unification of the standard of compensation for criminal incidental civil action with civil action,the independent trial of cases,the establishment of national relief system and the establishment of criminal incidental civil compensation system for labor in prison.The author hopes to resolve the system conflict through this way and solve the problems effectively,so as to guarantee the penalty right,the civil rights of the victims and the rights of the perpetrators. |
