On The Excessive Compensation In The Criminal Adjudication Of Criminal Adjudication

As the civil litigation and criminal incidental civil litigation is different to the personal rights protection mode and range, two kinds of litigation relief for the same rights tend to get different results. A criminal offense in the infringement, the protection of victims will generally choose the criminal incidental civil litigation ways right, in this lawsuit, some victims or their families by the defendant to pursue punishment psychology, ask for compensation, have reached a settlement agreement. This protocol over compensation, the accused or their families of non voluntary, but in no compensation will be lighter punishment under a pressure of, which violates the principle of voluntary civil, is a disguised form of punishment to the defendant. Incidental civil litigation reconciliation agreement over compensation and the unjust enrichment, can change, revocable actions and blackmail and impose exactions on in the composition requirements, behavioral properties have obvious difference, therefore in the judicial practice be excessive compensation caution in dealing with the party obtained based on malicious.