Sugestion About The Reform Of Our Country’s Criminal Incidental Litigation System

Criminal incidental litigation system proceeds with criminal litigation, public security judicial organs solve the criminal responsibility as well as incidentally solve the material damage suffered in the criminal proceeding. Criminal incidental litigation system has the value of justice and efficiency. As the time goes on, though Criminal incidental litigation system still plays an important role in judicial practice, its problems become more and more obvious.As a court’s worker, I have found that criminal incidental litigation system has lots of problems in procedure, entity and execution, which deeply chanllenge the value of justice and efficiency, sometimes even causing completely damadges. On one hand, as criminal incidental litigation is very closed affiliately with criminal, the victims’rights and interests are affected in the procedure of defending the interets of the country in the trial. On the other hand, neglecting the essential attributes of civil litigation, the parties jioning the criminal incidental litigation, the scope of the case as well as the standard of compensation are seriously limited. The way to seek protection for victims in criminal incidental litigation is full of difficulties.Which way to choose for China in criminal incidental litigation? Combined the experiences of solving these cases of myself and the theory and prictice of France and America in handling criminal compensation, I propose a serials of solution towards criminal incidental litigation based on current situation, such as giving victims the rights to choose procedure and setting up criminal devision, emphsizing the independence of criminal incidental litigation, integrating the differences of criminal and cival law, improving mediation in criminal incidental litigation and estabilishing criminal injury compenstion, hoping save the criminal incidental litigation system and make it still play the role of justice and efficiency.