A Study On The Legal Issue Of The Victim’s Claim For Disability Compensation In Criminal Cases

The right of claim for disability compensation in the criminal incidental civil action,as the name implies,is brought by the damage of personal rights and the right to health caused by the criminal act.In incidental civil litigation,because it involves the cross problem between criminal and civil,it is easy to conflict between laws,which leads to the phenomenon of "legal struggle ".The existence of these problems has affected the construction of the rule of law society,not only is not conducive to the realization of fairness and justice,but also deviates from the original intention of the incidental civil litigation system to a certain extent.Taking three cases as the starting point,this paper summarizes the dispute focus of the case and finds that different judgments of the same case are common in judicial practice.Especially under the premise of different procedure selection,the legal application basis of disability compensation claim is different,which may lead to different judgment results.Through the relevant case retrieval,it is found that when the infringer chooses the civil tort action to seek relief,the applicable legal basis is mostly the relevant provisions of civil law,which can often be supported.However,when the infringer chooses the way of criminal incidental civil action to seek relief,it will be controversial in the application of law.Therefore,the law can give the parties the right to choose the procedure and respect the rights of the parties,but it does not lead to the difference of the litigation result because of the difference of the parties’ procedural choice.By coordinating the conflict between laws and unifying the basis of law application,the stability and authority of law can be restored.Then the nature of disability compensation from the perspective of fairness and justice to protect the legitimate rights and interests of victims.This can not only guarantee the result of the choice of relief procedure and way based on different litigation strategy and purpose,but also make clear the concrete nature of the dispute content,and can effectively alleviate the "struggle" between the law and the law,and then better safeguard the unity of the law and the authority of the law.