On the Improvement of the Privatization of China's Criminal Attached Civil Litigation System
The essence of criminal attached civil litigation system is civil litigation.Although the new edition of Interpretation of the Criminal Procedure Law has modified and supplemented criminal attached civil litigation system,in view of the essential difference between the two kinds of litigation and the lack of relevant legal provisions,problems such as too narrow a scope of compensation,insufficient protection of the rights and interests of victims,excessive dependence of civil litigation on criminal litigation,and higher evidentiary standards in civil litigation have arisen in the practical application of China's criminal attached civil litigation system.The path to the improvement of China's criminal attached civil litigation system can start from the new edition of Interpretation of the Criminal Procedure Law.Firstly,we can clarify the scope of cases that can be admitted for compensation for mental injury and regulate them with substantive standards.Secondly,civil litigation should be given independence so that victims have the right to obtain relief through civil litigation.
criminal attached civil litigation systemcompensation for mental injuryprivatizationindependence
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