The Alienation And Essential Return Of The Criminal Incidental Civil Procedure System

Incidental civil action in criminal is the specific procedure to realize civil compensation in a criminal case.Its purpose is to investigate the defendant's liability for damage compensation under the premise of saving the judicial cost,and to protect the legal property of the state,collective and individual citizens.The system of incidental civil action in criminal in our country presents some problems of alienation in judicial practice,which deviates from the essence of incidental civil action in criminal.Therefore,this paper focuses on the analysis of the essence and alienation of incidental civil action in criminal,and seeks for solutions.This paper is divided into four parts.The first part is an introduction of incidental civil action in criminal,investigating the evolution law and characteristics of incidental civil action.It summarizes the evolution of the social control strategy adopted by the legislature and the judiciary,the evolution of the dispute handling mechanism,and the evolution of the right protection mechanism.The second part analyzes the nature of the incidental civil action system,this paper discusses the general value and special value of incidental civil action,reveals the essence of the incidental civil action is a kind of protection of multi-level lawsuit system of interests,first of all to maintain national public power of punishing crime purpose,followed by the civil rights and interests of the victim protection,finally,highlighting the value of efficiency.The value contained in the multi-level legal interests is a dynamic relationship,which requires the state to weigh the value in different levels.The third part,by referring to the 2,354 effective judgments of Guizhou Province,analyzes the problems of alienation in the judicial practice of incidental civil action in criminal in China,which mainly includes the limitation of the value of private rights,the reduction of the value of justice,the weakening of civil procedure,the solidification of civil liability and the limitation of judicial relief.The fourth part is the essential regression of the system of incidental civil action,including the principle and way of regression.Strive to perfect our country incidental civil action system through various means,return to its due nature.