我国刑事带民事诉讼制度设计的缺陷（Defects in the design of criminal suit system in China）.docVIP

我国刑事带民事诉讼制度设计的缺陷（Defects in the design of criminal suit system in China） Design defects and reconstruction of criminal supplementary civil action system in China ------------------------------------------------------------------------------------------- - [Abstract] Due to the heavylight people traditional legal thoughts, there are large defects and unreasonable design of our criminal incidental civil lawsuit system, conflict and the basic requirements of modern judicial ideas, lack of rationality and operability in the judicial practice, is not conducive to the protection of the legitimate rights and interests of criminal incidental civil litigation. With the continuous development of the deepening of the reform of the judicial system and the modern judicial principle, it is necessary to modify the procedure in time, making it more scientific, reasonable and workable, fully embodies the principle of lawsuit efficiency and the principle of litigation economy, realize the unification of the criminal trial of legal effect and social effect. The author from the judicial situation of our country, with a new perspective of conflict of criminal incidental litigation system and the modern judicial idea, system design of the existing defects and problems in the judicial practice, the reasonable design concepts from the common law and civil law system, puts forward the structure in line with Chinas national conditions and judicial practice of the status quo so, criminal damage compensation system in operation. [Keywords] Civil suit collateral to criminal proceedings Concept conflict Practice predicament Selection model The incidental civil action of criminal procedure is not only the marginal issue of criminal procedure law, but also a difficult problem in judicial practice for many years. Due to the lack of systematic and in-depth research, the study of civil suit collateral to criminal proceedings mostly stays in the coordination and perfection of the incidental civil acti