Since January 1, 2013 a pending criminal and civil cases, involving compensation for death and disability compensation, could not support the death compensation, disability compensation and dependants living expenses, and the three is the compensation for the items in the case of compensation for personal injury. Judge's interpretation is based on the new criminal procedure law and judicial interpretations of the Supreme Court, the three do not belong to the scope of criminal compensation in incidental civil action.

The lawyer thinks, this way has no clear legal basis of court. The criminal supplementary civil action no compensation for the death compensation not only for the families of the victims of unfair, also suspected of violating the law. The main reason for the:

As the result of a criminal act causing death or disability, belongs to the crime in the criminal law, on the basis of the criminal law,The actor shall bear criminal responsibility; in civil law, the act belongs to tort, the act shall bear the civil liability of infringement.

On the scope of criminal incidental civil compensation,2012Criminal procedure and law revised1996Criminal procedure law does not have years of any essential difference.

2012YearsThe Supreme People's Court on the application"Criminal Procedure Law of the people's Republic of China"Explanation (Interpretation (2012)21No.)Article 155thRegulations.The incidental civil actionDoThe decision, should be based on criminal behavior caused by loss of material, combined with the specific circumstances of the case, the defendant shall determine the amount of compensation........Causing death to the victim, should also be compensation for funeral expenses".The explanation is not the compensation for death and living expenses for dependents exclusion of incidental civil action in criminal, the compensation for death and living expenses for dependents are attached to the scope of compensation for civil litigation is not made clear.

On the basis of the judicial interpretation of article 163rdRegulations.The people's Court of the incidental civil lawsuit, in addition toThe criminal lawCriminal Procedure LawAnd the judicial interpretation of criminal law has prescribed, apply the relevant provisions of civil law".

The judicial interpretation of the provisions of article 138th "because of the crime of infringing, file an incidental civil action or take a mental compensation requirements of civil proceedings, the people's court shall not accept". The loss of the spirit of rule in the civil suit collateral scope, but not death compensation and dependent people living out in the compensation scope. Therefore in incidental civil action in judicial interpretation of spiritual loss has clearly excluded, other compensation in the entity and the ordinary civil disputes any difference.

According to the judicial interpretation of the provisions in the criminal procedure law, "" and "criminal law judicial interpretation" are not explicitly stipulated the death compensation and living expenses for dependents can compensate, it shall be applicable to civil law.

The civil law at present about the treatment of tort in our country is mainly for the "tort liability act" and "Interpretation of the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case ". According to "the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case explanation" seventeenth stipulates: "the death of the victim, the relevant expenses shall be the obligation of reparation in addition to compensation in accordance with the rescue treatment the first paragraph of this article, should also be compensation for funeral expenses, was dependent for living expenses, compensation for death as well as relatives of the victims for funeral expenses of transportation, accommodation and loss of working time and other reasonable costs.

"Tort liability law" sixteenth stipulates that, causes the death of infringement, should be compensation for funeral expenses and death compensation.

Comprehensive above legal provisions, the lawyer thought incidental civil defendant shall make compensation for the plaintiffs of the supplementary civil action is dependent for living expenses, death compensation, medical expenses, lost wages, transportation fee all the material loss, no compensation for the death compensation, there is no legal basis.