analysis of the current criminal incidental civil action existing problems and countermeasures（分析当前的刑事附带民事诉讼存在的问题和对策）.docVIP

Analysis of the current criminal incidental civil action existing problems and countermeasures Abstracts criminal incidental civil action mediation, in its unique way, has been important for the legislative and judicial practice. Promote the process of building a socialist harmonious society, the People’s Court as the judicial organs of the state, strengthen incidental civil mediation work effectively resolve contradictions, to minimize the social antithesis to play an active and important significance and role. came from criminal to civil litigation system existing problems and countermeasures to analyze the work of the criminal incidental civil, to better strengthen and the initiation of criminal incidental civil action. Papers Keywords Criminal Incidental Civil Action Mediation China’s criminal incidental civil action is a different from the the separate criminal separate civil action, a special form of action, the combination of the Criminal and Civil Litigation convenient victims involved in criminal cases, the purpose of the establishment of the program on parties to litigation to recover losses suffered due to their illegal violation of the criminal victims. However, due to China’s judicial system design follows the punishment better than China legislation guiding ideology, incidental civil action lack the independence in conflict with the basic requirements of the modern judicial philosophy, is not conducive to the effective protection of the legitimate rights and interests of the victimized party in criminal incidental civil action should strengthen the protection of civil rights, stressed that the civil action in the criminal incidental civil relatively independent status, stressing the principle of autonomy of the victim. A criminal incidental civil problem (A criminal law and judicial interpretation of regulations led to the criminal incidental civil action and independent civil action inconsistent lt;lt; Criminal Law of the People’s Re