Van* * *On suspicion of intentional injury case criminal incidental civil litigation

The presiding judge, judge:

We as a defendant* * *On suspicion of intentional injury plaintiff Han* * *Incidental civil litigation case agent, before the court, the plaintiff to the criminal supplementary civil complaint, now with the trial survey just released the following criminal incidental civil agency views:

One, the plaintiff filedThe spirit of damages of RMB300000Element does not belong to the scope of criminal incidental civil compensation lawsuit:

According to the Supreme People's Court on criminal incidental civil litigation scope rules "(Interpretation[2000]47No. 1 ") personal rights by criminal violations suffered material damage or destruction of property by criminals has suffered material losses, may file an incidental civil action. For crime victims by the spirit of losses suffered an incidental civil action, the people's court shall not accept the." Regulations, compensation for spiritual damage does not belong to the scope of criminal compensation in incidental civil action.

Two, the plaintiff the funeral expenses of RMB28032Element; the plaintiff alimony total: RMB230832Yuan, among them: Han Rongan (father)43968Yuan, Ma Yingjun (female)32976Yuan, Han Yu (daughter)153888Yuan has been in the original trial suggested, indicted again repeated action, please the expensive court rejected;

Beijing Chaoyang District people's Court (2003In the sentence) at the beginning of the word no.928Number of criminal incidental civil judgement supported by the forensic identification fee, plaintiff's funeral expenses, parking fees, the plaintiff Han Yu's upbringing, and Han Rongan, a handsome, retired workers, talk about Li (wife) have the ability to work, therefore, the plaintiff proposed fee no facts and legal basis, please the expensive court rejected.

Three, the plaintiff the death compensation does not belong to the scope of criminal compensation in incidental civil action

1, the Supreme People's Court on criminal incidental civil litigation scope rules "(Interpretation[2000]47Personal rights are the crime of infringing has suffered material losses or property damaged by criminals has suffered material losses first "number, may file an incidental civil action.
　　For crime victims by the spirit of losses suffered an incidental civil action, the people's court shall not accept the."

According to "the Supreme People's Court on some issues of determining civil right infringement spirit damage compensate responsibility" (Interpretation (Interpretation2001)7No.) (hereinafter referred to as the "judicial interpretation") the provisions of article ninth:"Mental damage solatium include the following: (a) causing disability, disability compensation gold; (two) to death, for death compensation;(three) spirit conciliate gold other damage case."Shall, therefore, death compensation is defined by law as belonging to the spirit of the solatium, compensation does not belong to the scope of civil suit collateral.

2,2006Years11Month8DayThe spirit of the Supreme People's court held its fifth national criminal trial work conference speech:"Determine the amount of compensation in incidental litigation, material loss should be based on criminal behavior caused directly as the basis, and proper consideration of the defendant's actual compensation ability. Death compensation can not be used as the judgment of the people's court to determine the amount of compensation for"Also, for the indemnity issue guidance.

3, the Beijing Higher People's Court on "the Beijing Municipal Higher People's Court on the trial of civil suit collateral to criminal proceedings solution (for Trial Implementation)" (Beijing high method[2009]226No.)

About"7Incidental, how to determine the defendants?
Answer: the defendant is in criminal proceedings for crimes of criminal defendants caused by the loss, prosecution shall bear civil liability for compensation. According to the relevant judicial interpretations, which mainly involve the following subjects:
(1) the criminal accused person (natural person, legal person or other organization) other common perpetrator not and the indictment involved, shall be investigated for criminal responsibility (the natural person, legal person or other organization).
Plaintiff of the supplementary civil action to prosecute for do not constitute a crime, the common perpetrator, also want to pursue its civil liability for compensation, and the joint offender shall bear joint and several liability. But,The fugitive accomplice should not be listed as the defendant, the defendant may be decided by the compensation for the plaintiff of the supplementary civil action all economic losses to the fugitive criminal justice, CO after the decision by the accused and convicted are jointly and severally liable." On the civil compensation in the fugitives are explained with the provisions.

4The case shall, before the legal, judicial interpretation of the provisions to determine compensation standards

(1) from the Supreme People's court, "judicial interpretation of personal injury compensation" understanding and application of,9"Judicial interpretation of personal injury compensation" on the calculation the disability compensation, death compensation, was dependent for living expenses loss, is the use of a prediction approach for computation. According to the lawsuit last year, the local economy development level, the ordinary people can obtain income as the basis, to the victim if not infringed may receive future income was estimated, and thus determine the degree of economic loss. This method itself is only an estimate, not concrete victims have specific loss.Since it is an estimate of the time, the distance closer, apparently more can objectively reflect the victim at the time and may be in a period of time since the income.By the time the distance closer, more in line with the rule of calculation to determine the spirit of judicial interpretation. The first lawsuit from the time must be more than second and subsequent action to close, when the standard is clearly more in line with the actual situation of economic development when the victim was killed.Therefore, the separation of joint criminal cases of incidental civil action case, the first lawsuit when calculating the standard should not be changed according to the situation of economic development to determine compensation.

(2)From unified decision stability and legal point of view, before the trial has been based on the prevailing social and economic situation of the victim's economic loss was estimated to determine the amount, if the fugitive criminals in custody in after several years in different years, the standard of compensation to the victim's economic loss to determine, can appear the judgement content in one case, stability is bound to affect the earlier decision and the unification of law.If each to a crime, in accordance with the new standards to determine the extent of damage, before the judgment is uncertain, the judgment would not be sentenced.

To sum up, because the defendant's fan* * *And the other two defendants to the damage caused by the behavior brought irreparable damage to the victims and their families, the defendant's parents have been laid off, the accused at large10No fixed income, the defendant and his family would try to compensate the victims and their families to make up for the loss, the defendant* * *Crime, discretionary please your hospital considering the defendant's ability to perform in accordance with the law, conduct mediation or judgment, in order to reduce the contradiction between the plaintiff and the defendant, the court execution difficulty reduction.

The foresaid opinions for the collegial panel decision reference!

                                            Agent: Lang Zijun

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