On the Legal Question Existing in the Criminal Proceedings Incidental Civil Proceedings
CAI Guo - qing(Guangdong Jiaying Institue, Meizhou514015, China)
The nature of the civil proceedings should not be neglected just because it is settled as the subsidiary to the criminal proceedings. To stick to the principle of " civil after crimial" would be an obstacle to protect the right of the aggrieved. It is difficult for procuratorial organ as plaintiff to seek source of law for instituting the incidental civil actions. The limitation of incidental civil action for the aggrieved to seek for compensation should be calculated from the day on when the right of claim can be executed. The compensation to the aggrieved should include not only material but moral reparation.
【CateGory Index】： D925.2