浅谈刑事附带民事诉讼制度（On the system of civil suit collateral to criminal proceedings）.docVIP

浅谈刑事附带民事诉讼制度（On the system of civil suit collateral to criminal proceedings） On the system of civil suit collateral to criminal proceedings Author: Li Xiaoman release time: 2010-02-03 14:30:45 Abstract: incidental civil litigation refers to the judicial process in criminal proceedings, in addressing the criminal responsibility of the defendant at the same time, deal with the criminal acts of the defendant due to material losses suffered material losses brought by the victim or the peoples Procuratorate of the compensation for litigation. The legislative purpose of the system of criminal incidental civil lawsuit procedure to facilitate litigation, from the lawsuit burden, improve the efficiency of litigation, to ensure correct handling of criminal cases, uphold the unity and seriousness of judicial judgment, the entity to maintain the state and collective property interests and the legitimate rights and interests of the victim. However, with the continuous progress of the legal construction and the continuous improvement of the civil entity and procedural law, the practical value of the criminal supplementary civil action system has been questioned. At the same time, because of our countrys legislation and defects in the design of the system, resulting in Chinas criminal procedure law is too principle provisions of the incidental civil action and simple, some fundamental unsolved Its loopholes appeared one after another., the problem also exists in the judicial practice. Many experts and scholars from different angles are discussed, and proposed solutions to improve several aspects of the author and problems existing in the legislation of criminal incidental civil litigation, in operation from the criminal supplementary civil action system to elaborate China incidental civil action lawsuit system. The existing problems of civil suit collateral to criminal proceedings (1) problems in legislation. 1, the provisions are simple, the principle is fuzzy, the guiding ideolo