Research On Issues Of Criminal Proceeding With Supplementary Civil Action

The criminal proceeding with supplementary civil action is an important proceeding system. The criminal proceeding with supplementary civil action is a complex issue, and the cause of its birth and existence is the concurrence of public law and private law, because of some flaws of formulation, troubles are met in the procedure of executing the formulations, which brings doubts to the existence of this system. This paper begins with analyzing the necessarily of the existence of the criminal proceeding with supplementary civil action, and discuses problems of criminal proceeding with supplementary civil action in the judicial practice and puts forward perfect suggestions.This paper is composed of three parts:Part one, the necessarily of the existence of the criminal proceeding with supplementary civil action. Because the flaws of criminal proceeding with supplementary civil action leads to persistent problems in practice, the doubts about the necessarily of this system is posed in the scope of theory and judicial practice. The positive viewpoints say that criminal proceeding with supplementary civil action is a kind of valid system which is in coincidence with the principle of procedural economy, is in favor of raising the efficiency, protecting the legal rights of state, collectivity, and citizens, and avoiding the contradicts on judgment. The negative viewpoints say that because of the differences of the purpose, burden of adducing evidence, criterion of proof, the emergence of the two procedures should bring inevitable conflicts. Meanwhile, in the procedure that the civil procedure supplemented to criminal procedure, the thought of"emphasizing the criminal law and look down upon the civil law"not only ignores the fairness of proceeding, but also tend to harm the verdict's benefits. The author views that nowadays, criminal proceeding supplemented to civil action is rather necessary; the main value...