The Enforcement Dilemma Of Criminal Incidental Civil Action

Criminal incidental civil action means that in criminal proceedings,the person who has been harmed by a crime brings a claim for compensation for material damage,and the judicial organ conducts an action of hearing and judging the civil claim incidental to the criminal case.Criminal incidental civil action is the combination of criminal action and civil action,which has the characteristics of both.It is the combination of the right of penalty in public law and the right of claim in private law.Therefore,the execution of criminal incidental civil action is different from that of criminal judgment,which is entrusted by the court to the special executing organ,and the execution of civil judgment is also different from that of the court,which has its unique basis,way and remedy measures.In view of the current situation of difficult execution of incidental civil action cases,this paper focuses on the study of its execution mechanism,and puts forward corresponding opinions to protect the victims' legal rights to the maximum extent.This paper is divided into three parts:The first part is entitled: basic theory and current situation of incidental civil action.This part,by sorting out the relevant theories and research status in the criminal incidental civil action,explains the current situation of the implementation of criminal incidental civil cases in China,introduces the problem of the difficult implementation of criminal incidental civil cases,and points out the great significance of solving the problem of the difficult implementation of criminal incidental civil cases.The second part is entitled: The analysis of the causes of the predicament of the enforcement of civil action incidental to criminal proceedings in Our country.This part analyzes the reasons for the difficult execution of criminal incidental civil cases and points out that the difficulties in execution are mainly caused by the limitation of the legal system of incidental civil execution,the absence of compensation system and the obstruction of the particularity of both parties.The third part is entitled: the consummation of the criminal incidental civil case execution mechanism.To perfect the execution mechanism of criminal incidental civil cases,we should start from two aspects: first,to perfect the legal norms of criminal incidental civil cases;The second is to establish relevant supporting systems.