On The Expansion Of Our Country's Criminal Incidental Civil Litigation Compensation Scope

Incidental civil litigation system is to adjust the legal relationship between criminal and civil entities through one procedure in consideration of the economics of litigation.Although the "private prosecution" for the purpose of determining the liability for damages and remedying the infringed rights is attached to the "public prosecution" for the purpose of prosecuting and punishing crimes,it has an independent function to solve the problem of damages caused by criminal acts.The fundamental purpose of a civil action attached to a criminal proceeding.Incidental civil litigation is still a civil litigation in nature,and in theory should follow the adjustment of civil legal norms.The current criminal law and relevant judicial interpretations strictly limit the scope of compensation,and are limited to material losses caused by criminal acts.What this article focuses on and discusses is the issue of damage compensation for personal rights that have been violated by crimes,and it is also urgent to be resolved in practice.In the incidental civil compensation,there is a lot of controversy about the nature of the compensation for death and disability(referred to as "two payments")and whether it belongs to the scope of compensation;in addition,the incidental civil lawsuit does not compensate for mental damage,and there have also been many Questions and doubts.Unclear legal norms,inconsistencies in relevant judicial interpretations,and conflicts with each other have led to confusion in the application of the law in practice and different judgments in the same case.It is difficult to protect the rights and interests of victims and undermine the fairness of the law.This article focuses on the“two payments” and mental damage compensation issues in the scope of criminal incidental civil action compensation.It first introduces the basic theory of criminal incidental civil action,and then combs the relevant legislation of the scope of incidental civil action compensation in China.,Briefly analyze the problems;analyze and discuss the judicial chaos and its causes for the application of "two payments" and mental damage compensation in incidental civil lawsuits;Finally,with the protection of human rights as the value standard,the "two payments" and compensation for mental damages are included,and the scope of compensation for incidental civil actions is appropriately expanded.Personal opinions are elaborated and some suggestions are made for a sound relief mechanism for victims.The article is divided into six parts:The first chapter is the introduction of this thesis.The second chapter raises issues with case analysis.Chapter 3 is the basic theory of criminal incidental civil action,which expounds the basic nature and value of the system;Chapter 4 is a legislative review of the scope of criminal incidental civil action compensation.Chapter 5 introduces the judicial disorder and its causes for the application of "two payments" and compensation for moral damages in criminal incidental civil proceedings in China;The last chapter is the idea of expanding the scope of incidental civil compensation,combined with the actual conditions of the country,with a view to further improving the system,under the background of the era of guaranteeing human rights,Fully highlight the spirit of legal protection of human rights,respect for the value of individual life,more comprehensive relief for criminal victims,and promote legal justice and social harmony and stability.