|
Determination of incidental civil litigation subject qualification of criminal incidental civil action, is related to whether the normal and correct problems, related to the problem of protecting the rights and litigation rights, even to the social stability, harmony. However, in judicial practice, in the specific case of the subject qualification is often difficult, or even diverge, the legal rights of the victims are therefore not sufficient legal protection.Therefore, based on the judicial practice, connotation, combining the criminal supplementary civil action subject characteristics, relevant legal provisions and judicial practice problems of criminal subject, the range of supplementary civil are discussed. Which discusses the scope of plaintiff of the supplementary civil action in criminal proceedings, the accused person and the three person, and mainly discusses some special cases in three subjects in theoretical circles and judicial disputes, and puts forward the views on justice, to seek perfection and judicial legislation.
|