Criminal Incidental Civil Lawsuit Research

The civil suit collateral to the criminal litigation has its own necessity of existence andrealistic value in present Chinese judicial system. The creation and existence of the CriminalIncidental Civil Lawsuit are the results of concurrent existence of the public law and privatelaw. The procedure is for reducing the proceeding load, improving proceedings effectiveness,and defending the integrity of the judgment. However, due to differences in the two kinds oflawsuits essentially result in criminal with the civil litigation system in China does not play itsdue role, and also led to many controversies in the theoretical circles. With the social progressand development, the gradual improvement of the judicial system, our country wassubstantially revised The People’s Republic of Code of Criminal Procedure. The revised Codeof Criminal Procedure has greatly improved in terms of the legislative concept, the legislativetechnique and so on. But even in the2012amendments to the new Code of CriminalProcedure, there are many problems in the criminal incidental civil lawsuit having not beensatisfactorily resolved; these problems leave a hidden danger for the future implementation ofthe new Code of Criminal Procedure. These issues should be paid enough attention in thefuture to explore and study.This article firstly discuss the criminal action for damages mode, and from theperspective of the lawsuits of the Western model comparison, explore concept, nature andsignificance of our country criminal with civil. Then starting from our country criminal withcivil legislation and practice conditions, a number of problems in our criminal with civilsystem were explored in three parts at different levels. These problems cover many aspects ofthe legislative concepts, contents of the legislation and practice running. Lastly, according tothe criminal incidental civil legislation and practice, this article proposes the personal opinionto improve the civil litigation system for the problems. This article aims to examine thedrawbacks and defects which existed in the criminal incidental civil lawsuit, compare theforeign-related legislative provisions and learn from the reconstruction recommendations ofthe various scholars, thus seeking a best way to coordinate various contradictions and balancethe interests of all parties, in order to achieve justice and to maintain the legal authority.