The revised "the people's Republic of China Criminal Procedure Law" has been in2013Years1Month1The date of promulgation,"The Supreme People's Court on the application< of the people's Republic of China Criminal Procedure Law>Interpretation of "also performed. Before the amended criminal procedure law, called for the spiritual damage compensation in the incidental civil compensation for the voice is very high, many people also hope to revise the law. However, the criminal procedure law the revision did not change over the range of supplementary civil compensation, not only the spirit of no compensation for losses, and even the death compensation, disability compensation are missing, the law is still limited to damages.

　  "The Supreme People's Court on the application< of the people's Republic of China Criminal Procedure Law>Interpretation "The provisions of article 155th---"Crime victims caused personal injury, shall pay the medical fees, nursing fees, transportation fees and other reasonable expenses for treatment and rehabilitation of payment, as well as the lost wages. If the victim is disabled, should also be compensation for disability AIDS fees;Causing death to the victim, should also be compensation for funeral expenses".

This judicial interpretation, the uproar, spiritual damage compensation was not included in the compensation project this is very puzzling, the judicial interpretation of the Supreme People's court has explicitly put the death compensation, disability compensation and personal injury compensation is the most important project was canceled! Cancel it, and to "and" caused widespread controversy in the judicial practice. Substantial claim "and" is including the death compensation, disability compensation, have argued that such an important project of compensation can not be included in the "other" there is clear that the Supreme Court to cancel... ...

The dispute to the controversy,Practical understanding of the judicial interpretation of the Supreme Court to,We should listen to the opinions of the Supreme People's court. At the beginning of the year, when the Supreme People's court is responsible for the drafting of the judicial interpretation of the staff to teach us about this issue, clearly tells us---Is cancelled; subsequently, the Supreme People's Court on the judicial interpretation of an authoritative publications, also shows that the teacher's point of view. So far, we completely understand the Supreme People's court's intention and intention.

Therefore, I not only think of2011Years "the Supreme People's court office for the four session of the eleven National People's Congress article6039Proposed answer "(Law No.If the2011The first159No.), this is a copy to Sun Xiaomei's reply content. Let me reaffirm---The scope of civil compensation does not include the death compensation, disability compensation incidental!

In the face of the Supreme People's court to explain the intention, I think the Supreme People's court is more from how to facilitate court system, how to avoid the case people petition perspective, consider the problem from the angle of the court system. Of course, also there are new criminal procedural law have interpreted as material loss problem, judicial interpretation is not beyond the law.

However, the criminal procedure law, the Supreme People's court or in the criminal procedure law interpretation or, have ignored the people's voice. I believe, someday, this law will be changed, the judicial interpretation of the Supreme Court will improve... ... Otherwise, people will not agree!

Attached:

"The Supreme People's court office for the four session of the eleven National People's Congress article6039Suggested answer "No.

(LawIf the2011The first159No.)

Sun Xiaomei representative

You put on the revision of the Supreme People's court "interpretation (2000)47"And" release Act (No.2002)17"The advice received, reply as follows:

Whether the scope of incidental civil litigation compensation should include the question of compensation for spiritual damages, the judicial practice is controversial, the parties have different opinions. Incidental civil trial work for the specification, our hospital has issued four judicial interpretations. With the development of the situation, the perfection of criminal policy, the parties should pay more attention to the maintenance of civil rights. However, due to the development of economy, society and the parties around the imbalance, economic situation is different, the court of criminal incidental civil cases appeared "law enforcement of different standards, compensation, empty sentence phenomenon is serious" and other new issues. These problems seriously affect the lenient and severe criminal policy implementation, caused a lot of litigation petition issues, local people's courts at all levels and the community reacted strongly, as soon as possible to solve the. In order to regulate the incidental civil action and do work, solve the existing problems in the judicial practice, in our hospital2007The specification incidental civil compensation standard of judicial interpretation of the drafting work, but because of the differences of opinion, judicial interpretations are not published, was working on a problem.

About the scope of compensation for civil litigation incidental, our opinion is: incidental civil litigation cases according to law should only be compensation for direct losses, the actual damage caused to the victim compensation in accordance with the crime, generally does not include compensation for death and disability compensation, but after mediation, the defendant shall have the ability and willingness to pay compensation the greater the amount, the people's court shall support; if the mediation fails, the defendant does not have the ability to compensate the victims or their close relatives, and adhere to the outside of the material loss claim damages, the people's court shall not support; for they have difficulty to the victim, to give the necessary state aid. The main reason is that:

(1Seventy-seventh) according to the criminal procedure law "the victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, shall have the right to file an incidental civil action and the criminal law" the first paragraph of article thirty-sixth "where the victim has suffered economic losses as a result of a criminal act, the criminal received criminal punishment according to law, and shall the provisions for economic loss" according to the situation, here the "loss" and "economic loss" refers only to the material property losses, not including the spiritual loss. At the same time, the criminal cause property loss and simple civil tort compensation, resulting in the loss should be able to compensate and jurisprudence is obviously different in. On the basis of law, the incidental civil cases and simple civil cases should not apply the same standard of compensation.

(2) in the judicial practice, the accused in criminal cases is the vast majority of farmers, the unemployed and migrant workers, the very poor, almost no what property for compensation, if beyond the law ruled high compensation, is bound to lay a legal "program". Unable to get the actual implementation, not only affect the authority of the referee, more often lead to the victim appeal, make visit problems, can not guarantee the legal and social effects.

(3") simply apply some issues concerning the application of law in the trial of personal injury compensation case explanation", the amount of compensation standard up to several hundred thousand, covers yuan, often make the victim have unrealistic expectations of huge compensation, if the defendant cannot be full compensation, to believe the sincerity and no repentance, lead to civil mediation cannot of, and then in the penalty appeals insisting on the defendant sentenced or even the death penalty, even to appeal, make visit threat, blackmail, seriously affect the criminal policy of combining punishment with leniency and "retaining the death penalty, strict control, careful application of the death penalty" policy implementation, seriously affect the construction of effectively resolving social contradictions and harmonious society.

(4) high compensation seems to protect the legal rights of the victims, this is some scholars and departments that incidental civil action shall be mainly considered simple and civil compensation uniform standards, but because the criminal defendant actual compensation ability is very low, not even, and the victim "asking price" too high, resulting in many the defendant family practice that, with its dongjiexicou generation paid several million yuan to the victim is not satisfied, simply no longer in compensation, resulting in the victim but get no compensation. This situation is particularly prevalent in the homicide case, as a direct result of the victim's situation more miserable, is not conducive to protect the victim's rights and interests, is not conducive to the timely repair of social relations.

(5) this problem should be solved based on the actual, full consideration of the actual conditions in China, the trial strictly according to law, the actual effect and focus on the case, and promoting social harmony.

Thank you for your concern and support the work of the people's court!

Contact unit: Office of the people's supervision work of the Supreme People's court010-67556254

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