Deconstruction and Reconstruction: The Reform Direction of China’s Legal System of Incidental Civil Action
|Keywords||Incidental civil action Civil and criminal cross Victim Reconstructed|
Criminal incidental civil action is an important part of China's criminal procedure system, the system of great significance to the relief of the civil rights of victims. Criminal Civil Spin excessive value orientation biased in favor of maintenance judgment unified, promote judicial efficiency, and ignore the protection of the rights and interests of victims, resulting in the marginalization of the status of victims, its interest demands can not be the expression can not be achieved. In this context, the specification analysis found deficiencies in our current Criminal Incidental Civil Action absorb a reasonable factor to learn from foreign civil criminal cases handling mechanism, through comparative analysis based on Criminal Civil Spin The reconfigurable study is a desirable way. This background and goals of our criminal incidental civil reconstruction study, as most of: the first part is the introduction, the introduction, the main writing background, literature review, research and innovation ; second part of the problem, this part of the combination of case directly propose to study this problem, namely criminal incidental civil action reconfiguration;, the third part of the basic structure of our current criminal incidental civil, through this part of the legislation interpretation and judicial interpretation, the outline of our current criminal incidental civil action, and evaluation of the existing system, and that the current criminal incidental civil shortcomings in the protection of the rights of the victims, including legal traditions reason, judicial philosophy level technical reasons as well as legal level principles. The fourth part of the visits of foreign criminal proceedings and civil actions coordination mechanism. Comparative Law, the part of foreign civil and criminal cross-case processing mode compared, and summarizes the characteristics of the foreign countries in handling the cases of civil and criminal cross, that these countries are all victims' rights as the core, is worthy of our country to learn from . The fifth part is to reconstruct the criminal incidental civil action countermeasures. The combination of the above research, the part that China also needs to highlight the protection of victims' rights, are required to make some changes in all aspects of litigation mode, the scope of compensation, judicial. The paper concludes that the program is not a sense of Criminal and civil proceedings and the order of appearance of incidental focus of Civil Procedure remodeling, our criminal incidental civil reform in the future, should highlight the legal status of the criminal victims. This requires a series of specific systems and implement, such as the expansion of the scope of criminal incidental civil action for compensation, rationalize the civil liability issues of common crime, solve criminal incidental civil judgment execution difficult problem for Victims of Crime Program option, giving the and so on.