Research On Criminal Incidental Civil Execution System

Incidental civil to criminal execution system although belonging to the civil execution system from the nature, but to understand the system and to solve the problems in the operation, need from the angle of criminal law, criminal procedure law, civil procedure law and other legal system. In the criminal supplementary civil society become the people’s court most intractable social background, the integrated use of criminology, victimology, social security and other fields of knowledge become necessary.The civil execution encounter many problems in the practice of criminal incidental, integrated has two aspects, one is the system level. Including property preservation is not timely, for the property investigation of the linkage mechanism construction vacancy etc. Two is the political and social level, including the national compensation and social assistance. The ability of performance of the enforced is limited, no matter which country, to be executed by simple procedures for compensation is difficult to truly solve the person applying for enforcement of the economic and social demands. The state and society have the responsibility to make up for the defects of the legal inherent, give the person applying for enforcement (the victim) necessary compensation and assistance. Many problems appear in practice operation logic of its own, this paper can be summarized as "honest fool logic", corresponding to the ex-gratia policy.To solve the problems in the operation of the civil enforcement system of criminal incidental start from the concept, system and the social aspects, the integrated use of compensation, compensation, relief and other measures to fundamentally solve the problem in practice.