On Criminal With The Civil Litigation System

The criminal supplementary civil lawsuit is a special kind of civil lawsuits which applies the criminal legal procedure to solve the damage compensation problem, e.g., conviction, discretion of punishment etc. This system has many merits: not only it is convenient, economic and sue-reducing, but also it can be used to determine the guiltiness of the defendant and also the consequence of the crime (the damage to victim is an important measure of the consequence of the crime). Moreover, this system is also effective in comforting, relieving the victims, and preventing new crimes. Yet, the current criminal supplementary civil lawsuit system is still problematic. For example, in our country, the current legislation regarding the criminal supplementary civil lawsuits is somewhat conflictive and deficient. Moreover, there are big discrepancy and uncertainty about the major characteristics as well as the basic principle of the criminal supplementary civil lawsuit system, in both the legislature and the courts. All these factors restrict the applicability, and even question the necessity of the criminal supplementary civil lawsuit system. This thesis studies five fundamental issues of the criminal supplementary civil lawsuit system: theory, basic characteristics, value, scope and practice. After thoroughly analyzing the current criminal supplementary civil lawsuit system, we try to make it more appropriate and effective, and eventually realize the ultimate goal of law, justice, efficiency and benefit, so that the victim rights are fully protected.