On The Separation Of Civil Suit Collateral To Criminal Procedure

At the beginning of the Civil Suit Collateral to Criminal Procedure system,it played a role in protecting the safety of citizens’ lives and property.However,with the improvement of criminal and civil legal systems and the concept of protection of victims’ rights,the theory basis of criminal incidental civil action has been impacted,and the system operation has coming into being practical problems such as narrow scope of compensation and illegal mediation,and the legislation purpose of effective dealing with the responsibility of civil and criminal is gradually failed.The criminal incidental civil action system is a combination of civil and criminal proceedings in one procedure to effectively deal with the criminal and civil liability of the defendant.Therefore,by comparing and analyzing the theoretical basis of criminal and civil procedure,such as the value of litigation,the standard of litigation and the burden of proof,the theoretical flaw of the criminal incidental civil litigation system can be clearly demonstrated.In the construction of specific systems,the first is to propose and demonstrate the order of trials on “civil after criminal” as the preconditions of the procedure;the second is to analyze the difference between the jurisdiction and acceptance of criminal damage compensation cases with the provisions of criminal and civil litigation,and to propose and demonstrate that no litigation fee is charged for civil action;the third is to distinguish the effectiveness to the guilty verdict and the innocence judgment from the trial of damage.Figure 0;Table 0;Reference 57.