On Criminal With Civil Execution

Incidental civil to criminal execution has the broad and narrow definition. The broad sense definition includes criminal portion and civil compensation portion. The narrow sense definition only contains civil compensation execution. This paper depicts the narrow sense definition. Fundamentally incidental civil to criminal execution belongs to civil execution but it is deferent from the general civil execution due to the particularity of the executed individual and his property. Additionally it could be impacted by criminal execution. It is critical to manage the relationship among criminal property redeem, criminal execution freedom sentence and criminal property sentence. The difficulty of civil execution has been attention all over currently. Incidental civil to criminal execution is even more on top of that. Many court executors have the experience. In this paper, based on the personal experience over the last 6 years, the writer analysis the current situation and the difficulty of incidental civil to criminal execution, particularly depicts the release of"The comments about the Top People Court's judgment about the compensation of human tamper", which will increase the amount of the compensation for incidental civil to criminal execution. To solve the difficulty of incidental civil to criminal execution needs the broad collaboration from police bureau, prosecution bureau, prison and criminal judgment court. From the register of the case we should pay attention to the investigation and the control of defendant's property. Consummate the system of property protection and bring the control of the executed individual's property up to case investigation stage and prosecution stage are also important. Focusing on the coordination during the incidental civil case procedure, using the advanced execution system, considering the defendant's performance of obligation implementation as the level of sentence measurement criteria so that the individual defendant can be more active to make the compensation accordingly. Meanwhile, it is suggested that we improve the execution method and build up the system of the assistance obligation people. Additionally, it is better to consummate the consigning of execution, build up property monitoring system, taking the defendant's performance of obligation implementation as the commute and parole measurement criteria. Alternatively we can consider using panel servitude as the defendant's obligation. But sooner or later, the final way to solve the problem we have now for the execution on this matter is to build up national compensation system which is the compensation from the country for any cases which the defendants' has not capability to execute the obligation.In this paper, the writer also depicts the problem of the execution procedure of incidental civil to criminal execution, such as execution contest, onus probandi allocation, the execution after the death penalty and the execution associated to couple or family jointly owned property. The writer explains the personal view of the above as well.