Discussion Of Criminal Incidental Civil Lawsuits

Normally, criminal incidental civil lawsuits have been broadly accepted and utilized based on its positive role and realistic significance. Since the initial establishment, criminal incidental civil lawsuits in China have made great contributions in many aspects, like protecting victims'rights, improving efficiency of lawsuits, maintaining integrity of judicial decisions. Since the development of judicial practice, especially the development of socialist market economy and transformation of the society, there have been high demands for judicial system in China. Among these demands, protection of criminal behavior victims seems prominent and severe. In this context, rules of criminal incidental civil lawsuits in China seem inadequate and need reform. The legal profession has called on reform of Criminal Procedure Law, and it is the right time to reform criminal incidental civil lawsuits.The reform of criminal incidental civil lawsuits is very complicated and needs cooperation and adoption from many aspects. Scholars have made almost complete arguments, but there are some controversial things needed to be solved. Fist, The author probes concept, nature, characteristic and significance of criminal incidental civil lawsuits. Then, the author probes problems existing in criminal incidental civil lawsuits based on examination of legislature and real practice of Chinese Criminal Incidental Civil Lawsuits System. At last, the author makes some suggestion about reform of criminal incidental civil lawsuits system based on scholars' assumptions and suggestions about this question.Chapterâ…°The author outlines framework of criminal incidental lawsuits from the aspects of general rules, concepts, nature, characteristic, and significance. Aiming at the present criminal incidental civil lawsuit system in China, the author proposes to define the concept from more theoretical and universal aspects.Chapterâ…±This Chapter is about legislature and real practice of criminal incidental civil lawsuits in China. This chapter includes two sections. In the first section, the author probes the current legislative situation in China and analyzes the current situation from several aspects, like fundamental laws, other normative legal document and judicial guidance documents. In the second section, the author analyzes criminal incidental civil lawsuits in real practice in China.Chapterâ…²In this chapter, The author probes problems existing in criminal incidental civil lawsuit system, focusing on the existing criminal incidental civil lawsuit system in China, blurry legislative ideology, general expression of contents, unclear scope of accepting cases, questions concerning litigants, missing of litigants'choice of choosing procedures, scope of indemnifications, and so on.Chapterâ…³In this chapter, the author probes perfection of criminal incidental civil lawsuit system in China. The author sets off from general rules of criminal incidental civil lawsuits, bases his analysis on legislature and real practice of criminal incidental civil lawsuits and make suggestions for perfection of criminal incidental civil lawsuit system aiming at existing problems in criminal incidental civil lawsuits in China.