Aging, generally refers to the fact condition persists in the legal period, resulting in the legal system legal effect and adapt to the fact that the state of the. Generally, the system of limitation of action focused on three aspects, stable legal order, to promote the rights of people to exercise their rights and to avoid loss of evidence. Prescription in criminal law is generally divided into execution time of prescription of prosecution of crime and penalty, is that after a certain period, a legal system is no longer prosecution of crimes or no longer execution of penalty; the prescription on the civil law in general can be divided into the acquisitive prescription (acquisitive prescription) and prescription; prescription refers to the possession of the property continued to reach the statutory time limit, can be made in accordance with the law, the legal system of the property; limitation of action refers to a party knows or should know the rights have been infringed on, request the legal time limit protection of civil rights to the people's court, beyond this period will lose legal system wins the lawsuit.

   The criminal law of our country stipulates the limitation of prosecution, without stipulating the execution of punishment. According to the "Regulations of people's Republic of China criminal law," article eighty-seventh of criminal prosecution, our country is divided into five different conditions, namely: (a) the maximum prescribed punishment is dissatisfied with 5 years in prison, after 5 years; (two) the highest statutory sentence of 5 years of fixed-term imprisonment of less than 10 years after 10 years, the highest legal punishment; (three) for more than 10 years, after 15 years; (four) the maximum prescribed punishment is life imprisonment or death, after 20 years. If that must be prosecuted after 20 years, shall be reported to the Supreme People's Procuratorate for examination and approval.

   Our civil law (referring to the general principles of the civil law) only provides the limitation of action, without stipulating the acquisitive prescription. According to the "Regulations of the people's Republic of general principles of civil law" article 135th, Article 136, the limitation of action in civil law, is divided into general prescription (general limitation) and the special prescription of action, namely the general limitation refers to the limitation of generally applicable in the general case (two years), special prescription of action limitation is that the law is only applicable to some special cases (longer or shorter than two years). "General principles of civil law" 136th stipulation, the limitation of action period not a year: A, claims for compensation for bodily injuries; B, the sale of substandard goods undeclared; C, delay or refuse to pay rent; D, registering property lost or damaged. "Contract law" the 129th regulation, contract for the international sale of goods and technology import and export contract dispute lawsuit limitation period for four years. In addition, "general principles of civil law" provisions of article 137th, the period of limitation of action from the "knows or should know that his rights have been infringed upon. However, from the rights have been infringed on the more than twenty years, the people's court shall not protect. There are special circumstances, the people's court may extend the limitation of action ", once the rights from infringement date, to the right people begin to seek relief, more than 20 years, no matter what the reason, the right people are losing the right to win, so the purpose of legal provisions of the stability of the social order.

   No doubt, our criminal law and civil law is clear provisions for criminal prosecution and litigation. However, China's "criminal law" the seventh chapter on the other provisions of the criminal supplementary civil action system (seventy-seventh, 78); the criminal supplementary civil action the effect how to confirm and calculate? "Criminal Procedure Law" judicial interpretation of the provisions of article eighty-fourth, "the people's courts handle criminal cases, can inform suffered material losses due to crime victims (citizens, legal persons and other organizations), has killed the victim's close relatives, persons with no capacity or limited capacity for civil conduct his legal representatives, have the right to file an incidental civil action"; the provisions of article eighty-ninth, "incidental civil action in criminal cases should be placed on file after the first trial, that before the file. Have the right to file an incidental civil action in the first instance by the people before the announcement did not mention, not to file an incidental civil action. But can a civil lawsuit alone after the criminal judgment comes into force." The 84, 89 can be regarded as criminal supplementary provisions on the aging problem in the civil procedure?

In fact, whether in theory or in the judicial practice, it is hard to say the 84, the 89 is the criminal supplementary civil litigation provisions. Because, around the criminal supplementary civil litigation the issue is not concentrated in the eighty-fourth, the 89 above, but concentrated in the criminal supplementary civil litigation is a litigation limitation above criminal law or civil law.

   Especially in recent years, along with the people the right idea of awakening, the Supreme People's Court issued the regulations on the scope of accepting cases of incidental civil action in criminal, judicial practice in criminal incidental civil cases has been more and more, the controversy is more and more fierce. Some people emphasize the independence of supplementary civil action in criminal incidental civil action, that essentially civil proceedings, shall be calculated in accordance with the provisions of civil litigation to; some people emphasize the criminal incidental civil lawsuit attached, suggested that the nature of incidental civil action in criminal is for the criminal litigation dependency, the time is not the same as in civil litigation, shall not be calculated in accordance with the civil litigation, and shall be calculated according to the prescription of criminal prosecution, which is more conducive to protecting the legitimate rights and interests of the victim. Some people believe that, the criminal supplementary principle of civil procedure should apply the relevant provisions of the criminal law, if the victim sued separately, is applicable to civil litigation prescription. As you can see, we didn't have the 84, 89 is considered as the solution to the problem of aging in civil proceedings incidental; on the contrary, the theory and practice of criminal incidental civil litigation disputes are mostly caused by the 84 and 89.

   The author believes that: the first, the two point of view was too biased, the invisible character of criminal incidental civil action is different from the pure civil litigation, not fully consider the civil litigation "with special" in criminal proceedings incidental, misunderstand the provisions on limitation of action in civil law, is not conducive to the protection of the lawful civil rights of victim, obviously against the principle of fairness, justice; the latter ignores the criminal supplementary civil action on the nature or essence of civil procedure, one-sided view of the protection of the victim's rights, within the framework of incidental civil lawsuit forced into the criminal prosecution on the aging problem, ignoring the incidental civil action and independence, lack of the theory and the corresponding legal basis; and, more importantly, its obviously not on the "Criminal Procedure Law" judicial interpretation of eighty-fourth, 89 pay enough attention, thus can not fundamentally solve the problem of criminal incidental civil litigation, but can not solve the conflict of laws applicable to fundamentally. Thinking the author more inclined to the third view, i.e. different conditions, caused by inconsistent relative to achieve substantial unity, to avoid the objective debate in judicial practice.

    To correctly handle the aging problem in criminal with civil lawsuits, must be the basic attributes of incidental civil action and its particular than simple civil cases and criminal proceedings are comprehensive, clear understanding.

   The criminal supplementary civil action is the overlap and cross criminal and civil litigation, generally refers to the public security and judicial organs in criminal proceedings, in resolving the defendant of criminal responsibility at the same time, the issue of compensation to solve collateral caused by the defendant's criminal act of material loss in litigation activities; it has two basic attributes: on the one hand, with the dependence of the criminal supplementary civil action, which is derived from criminal prosecution, shall be investigated for criminal responsibility is in the behavior of people at the same time, with the conviction of environmental damage compensation liability, therefore, it must be to establish a criminal procedure as the premise, if the criminal is not established, incidental civil lawsuit lost basis of existence. The unity of opposites body of supplementary civil action in criminal proceedings, criminal litigation is the main aspect of the contradiction, the civil litigation is a secondary aspect of a contradiction, which shows the characteristics of criminal litigation, civil action subsidiary; in the course of concrete treatment, incidental civil lawsuit attached to criminal lawsuit because of processing and reflect certain particularity processing. On the other hand, the criminal supplementary civil action also has a relative independence, is to solve the problem of its nature, is the compensation for damages, and civil action in damages is the same, belonging to the nature of civil litigation, just because of the criminal responsibility of the defendant to solve the compensation for damages and criminal litigation to solve the same behavior, in order to achieve the economy of litigation, and avoid the problems may arise, the civil action "included in the" criminal proceedings. Therefore, the criminal supplementary civil action in criminal proceedings necessary premise, restricted by the criminal procedure in the procedure, but, it is still in the essence of civil litigation, basic features remain in civil litigation. In particular, the criminal supplementary civil action is different from the single state of criminal prosecution of crime, criminal prosecution solve the human activities, is also different from the separate civil litigation because of citizen's private rights violations and request the court to solve the infringement of civil liability of activity, but the two meeting, contradiction, conflict and coordination; its purpose is to ensure the national criminal crime the public to achieve the goal, but also to ensure the citizen privacy violations and achieve the private rights of the civil relief of. Therefore, independence and dependence, public rights and private rights are present in the criminal supplementary civil action in two of the unity of opposites; criminal incidental civil litigation, not only to see the opposite side, but also see its unified side; finally, the limitation of action in dealing with the conflict of criminal incidental civil action. It needs comprehensive consideration, the two basic attributes, the need for more attention to the special embedded in, not "cannot see the wood for the trees", or "to see the forest, no trees".

   Thus, we solve the problem of train of thought is, not only can not be completely in accordance with the provisions of the civil procedure aging, can not be completely in accordance with the provisions of the limitation of criminal prosecution, but to jump through hoops civil litigation and criminal prosecution, based on the "Criminal Procedure Law" and the judicial interpretation of the relevant provisions of the criminal supplementary civil action itself, to understand and solve the aging problems in criminal with civil lawsuits.

   First of all, in accordance with the "Criminal Procedure Law" judicial interpretation of the provisions of eighty-fourth, 89 of the people have the right to file, rights in criminal cases, the judgment of first instance declared before to file an incidental civil action; have the right to file an incidental civil action in the first instance by the people before the announcement did not mention, not to file an incidental civil action. But can a civil lawsuit alone after the criminal judgment comes into force. Therefore, in the process of criminal proceedings, the right to enjoy the right to choose, namely, the right to choose is mentions criminal supplementary civil action in criminal proceedings, or to be criminal proceedings after the end of civil lawsuit alone; calculation method and different choices will apply different aging. But if you have over aging of criminal prosecution, not the prosecution of crime, naturally can not bring criminal incidental civil action, there are no problems in criminal incidental civil litigation, can only exist in civil litigation alone.

   Secondly, because the criminal supplementary civil action has relative independence, it is still in the nature and essence of civil litigation, litigation prescription and lawsuit are closely related, is an important manifestation of the essence of litigation aspect, therefore, the aging of supplementary civil action in criminal proceedings certainly cannot do without the civil law applicable. However, for the period of limitation of action under the civil law, the author thinks that should be understood from the basic idea of unity and the whole system of civil law, and should not be confined to meaning from the literal provisions of a law, a unified concept, system and make it out of the civil law. Otherwise, Chinese law will all around the conflict and contradiction. "General principles of civil law" provisions, the period of limitation of action from the general knows or should know that his rights have been infringed upon; "the provisions of the civil procedure law", the prosecution must have definite defendant; the two combined to understand, here the "knows or ought to know the right has been violated, should include the" knows or should know that his rights have been infringed facts and knew or should have known the infringement of the rights of people who are two aspects. If the right people only know or should know the infringement facts, but don't know who is the infringement of the rights of man (this often exists in the criminal offense), the right of claim for damage compensation cannot exercise. If this time started to calculate the period of limitation of actions, obviously not conducive to the protection of the lawful rights of the obligee, and runs counter to the purpose of the prescription system. The period of limitation of actions is a statutory right to request the people's court protection during its civil rights, then it should be able to exercise the right to request date from the right people, also is the owner knows or ought to know the right infringed the fact and knows or ought to know the right infringement is calculate who date. Only when the rights of people to exercise their rights and delayed in exercising rights that exceeded the limitation of action, the right people bear the adverse legal consequences arising therefrom. So, only with the establishment of the concept of civil law and litigation prescription system's original intention, also can maintain the unity and coordination of the law on the whole.

   To sum up, I think, about the criminal with aging in the civil procedure to solve the problem, we should distinguish the different distinction. As long as the fundamental purpose of clear litigation is to urge the obligee to exercise their rights, if the slack to exercise their rights, the adverse consequences will bear right is no longer protected; and the starting point of aging of criminal prosecution is the special prevention of penalty purpose of the crime is not the necessary implementation, if still prosecution, but is not conducive to the stability of the society; the criminal supplementary civil action, because of relatively independent nature of civil litigation, criminal litigation and the great attachment and its own particularity, therefore, "criminal procedural law" and the judicial interpretation made separate provisions of its provisions, should be combined with the civil litigation, criminal prosecution and aging "Criminal Procedure Law" and the judicial interpretation, looking for a combination with the right balance; to ensure the state power shall be investigated for criminal purposes, but also for the purpose of rights remedy of rights, also should consider the relevant legal provisions of criminal incidental civil action itself, maintaining the authority and unified legal system; however, needs to be emphasized is, the criminal supplementary civil action should first is its particularity different from civil litigation and criminal litigation, and It is relatively independent of the criminal litigation and civil litigation. Therefore, the following conditions of criminal incidental civil action in the aging problem:

  (1) in a criminal prosecution limitation period (5 years, 10 years, 15 years, 20 years), the judiciary to prosecute crimes, human rights in judicial organs in criminal cases, before the first trial announcement, mentions criminal supplementary civil action, regardless of whether this is a civil lawsuit aging.

  (2) human rights in the criminal verdict after further civil lawsuit, should be in accordance with the provisions of civil litigation, namely the action for the rights of people knew or should have known the infringement of the rights, and knows or ought to know the right by the infringer who date, extended to two years (General limitation) or a years (special prescription of action) when, as the aging period, owner lost the right to win a lawsuit.

  (3) if the right people do not want to relief because of the long process of criminal procedure and affect their civil rights, can also choose to simultaneously separate file a lawsuit in criminal procedure for civil damage, but it needs a separate civil action is possible, that is to say some conclusion is not subject to criminal prosecution that as the prerequisite conditions; or the parties may also cause the civil damage compensation to mediation or settlement way. At this time, the limitation of action is the right person knows or should know the right infringement, and knows or ought to know the right by the infringer who date, more than the period of limitation of action, will lose the right to win.

  (4) if the overaging of criminal prosecution, and from the right people knew or should have known the infringement of the rights, and knows or ought to know the right by the infringer who date, but no more than litigation cases, human rights can only bring separate civil litigation, civil right is not a result of crime is no longer the accused and the loss of.

  (5) in the not quite sure whether the criminal defendant's acts constitute a crime, but will constitute a tort case, for can bring criminal incidental civil action, the theory is disputed. But the author thinks, in this case, the right people can bring criminal incidental civil litigation, criminal litigation stage as the. If in the detection and prosecution stage, the criminal part made processing to withdraw the case or a decision not to prosecute, means that the criminal has ended, the criminal procedure does not exist, the incidental civil action will lose its premise, human rights can only bring independent civil compensation lawsuit, litigation is of course should be calculated in accordance with the the provisions of the civil litigation, if the case has come to court trial stage, the right people may file an incidental civil action, the court after hearing, can make the criminal judgment of not guilty of criminal part, incidental civil to make compensation for the loss of incidental civil judgment, the limitation of action shall be the court has accepted the case, the judgment of first instance before the announcement.