Research On The Reform Of The System Of Civil Suit Collateral To Criminal Procedure

The creation of the system of Civil Suit Collateral to Criminal Procedure is the result of concurrent existence of the criminal action and civil action. The aim of Civil Suit Collateral to Criminal Procedure is to solve the civil liability relating to crimes, which is proved by judicial practice that it plays a positive role in saving judicial resources, improving lawsuit efficiency and protecting citizen's legal rights. But the incidental character of Civil Suit Collateral to Criminal Procedure determines the carelessness of legal principle and the generalization of the legislation .The bias of its concepts and the conflicts of its system cause different kinds of problems in practice. Although, the Supreme People's Court published a series of judicial interpretations about Civil Suit Collateral to Criminal Procedure, many defects and shortcomings have not been overcome yet.By analyzing the issues and problems involved in the procedure, the paper realizes that weakness of the system can't be eliminated completely by improving the legislation of the system, it should be abolished and reconstructed .The dissertation consists of three parts:Part one is about the problems and defects in legislation concerning with Civil Suit Collateral to Criminal Procedure and its problems in judicial practice. Through analyzing the Procedure comprehensively, it discusses the related problems in terms of both legislation and practice. It argues that the present system of Civil Suit Collateral to Criminal Procedure has finished its historical mission and is unable to meet the needs of solving the compensation for criminal damages.Part two deals with the challenges on the value of Civil Suit Collateral to Criminal Procedure. The system of Civil Suit Collateral to Criminal Procedure goes against the present judicial concepts from the perspective of judicial value: saving litigation costs and improving litigation efficiency are at the cost of damaging the procedural justice; it is not conductive to the protection of lawful rights and interests of the injured; it is not feasible to the actual maintenance of the unity and authority of the judicial judgment.Part three deals with the reconstruction of the procedure of compensation for crimes. It introduces the legislation and practice of the compensation for criminal damages abroad. It discusses the main reasons of canceling the system of Civil Suit Collateral to Criminal Procedure, at the same time, it suggests revising the civil lawsuit, adding the compensation procedure for criminal damages in civil lawsuit and establishing the state compensation system and the social relief system for the injured.