The relevant filed lawsuits problem, should pay attention to the following points:
   (1) the prosecution must comply with the conditions of prosecution. The incidental civil action of the 4 conditions, namely: the plaintiff is entitled to file an incidental civil action litigants; the defendants have clear (to all or part of the criminal defendant as defendants in incidental civil action), specific requirements have requested compensation and based on facts; the victim's loss, which is caused by the criminal acts of the defendant belongs to the people's court; the range of supplementary civil action and be subject to the jurisdiction of the people's Court (eighty-ninth interpretation of court for execution of the criminal procedure law).
       

    (2) to file an incidental civil action, must be caused by the defendant's criminal act the material loss not be compensated. According to the provisions of article sixtieth of the criminal law, the judicial authority in the property confiscated criminals, the criminals negative due debt, need to use the confiscated property to repay, the request of the creditors, shall be repaid. That is to say, if the defendant has the personal property, the right to file an incidental civil action before the people to file an incidental civil action, the defendant has to own property for the crime to the victim's material losses enough compensation, shall have the right to file an incidental civil action can't people for the same reason the incidental civil litigation. The compensation for the defendants, including the relatives of the accused as part of the compensation. Only when the victim according to the provisions of article sixtieth of the criminal law of compensation can not make up for the loss, it may file an incidental civil action under section (eighty-sixth interpretation of court for execution of the criminal procedure law).
       

   (3) have the right to file lawsuits of lawsuit time limit. According to the regulations of the court the implementation of the criminal procedure law interpretation of article ninetieth, incidental civil action shall be filed in, after the criminal cases of first instance declared mentioned before. Have the right to file an incidental civil action in the first instance by the people before the announcement did not mention, you will never be able to file an incidental civil action. This is done to file an incidental civil lawsuit time limit. If before the first declaration has the right to file an incidental civil action did not file an incidental civil action after the victim, and want to claim compensation case to the defendant, how should do? The court of criminal procedure law interpretation ninetieth proviso that stipulates a rescued method, which has the right to file an incidental civil action can take effect in the first trial after further litigation, not subject to the lawsuit time limit.
       

   (4) in criminal litigation, often in the investigation, prosecution, pre-trial review stage, have the right to file an incidental civil action to the people's Procuratorate of the public security organ, claim for compensation. Therefore, to explain the ninety-first courts to enforce the provisions of the criminal procedure law of the processing method, namely: the people's Procuratorate, the public security organs have been documented claims, criminal prosecution, the people's court shall, according to the incidental civil cases accepted by the people's inspection; public security organs, procuratorate of mediation, the parties to reach an agreement and has paid, the victim and adhere to the court to file an incidental civil action, the people's court may also accept. But you should know that, generally speaking, the rule is made based on the procedural rights of parties, does not mean that the incidental civil action will be supported by the people's court, so, if no other enough to show that the victim should file an incidental civil action for the victim, then best not to prosecute.
       In public prosecution cases, if the state property, collective property suffer a loss, the loss of unit fails to a lawsuit, the people's Procuratorate, may file an incidental civil action (eighty-fifth interpretation of court for execution of the criminal procedure law). In 1996, the Supreme People's Procuratorate is provided for use in this case a claim form in the procuratorate criminal litigation document format door of technical secondary school, the name for the incidental civil to criminal indictment; generally make 6 copies, every increase a defendant and attorney increased 2, the relevant units 1; Master court sent 2 copies, the defendant, the defenders of the 1, the relevant units of 1, to the 1 questionnaires, 1 copies of the involution.
       In addition to the victims in investigation, examination, examination prosecution stage has put in a claim for compensation is a people's Procuratorate and the public security organs, the record, file an incidental civil action shall submit the supplementary civil lawsuit in general. Written complaint is difficult, can be an oral complaint. The judges shall on the plaintiff's request and asked in detail about the oral proceedings, and making a record, read to the plaintiff; the plaintiff confirmation, shall be signed or sealed.
       

   Two.The writing method
    With the civil complaint because although the user is different in two formats, but the two form a usage and purpose basically the same. The same point is: (1) are applicable to the case of public prosecution; (2) in the criminal act of using supplementary civil indictment before a people's Procuratorate indictment charges the defendants; (3) the purpose is to make due to the defendant's criminal acts of material damage. Therefore, the writing method of incidental civil complaint two format is basically the same, only the people's Procuratorate criminal incidental civil complaint format for document title is not.
       

   The content is divided into three parts with the civil complaint form:
    1 first
   (1) the title
       The victim's lawsuit, title called "incidental civil complaint" or "criminal incidental civil complaint", the people's Procuratorate as the plaintiff to file an incidental civil lawsuit, headline writing "indictment criminal incidental civil".
       

   (2) the parties
      With the determination of civil plaintiff in incidental civil lawsuit according to the basis is easier to determine, there are 4 types: the victim, which is caused by the defendant's criminal acts suffered material losses, including citizens, legal persons or other organizations; if the victim dies, the successor and the other shall enjoy the right to claim compensation.; incompetence or limited capacity his legal representatives; the people's procuratorate. Plaintiff of the supplementary civil action projects according to the format required to write.
       defendants in incidental civil action were identified the need to pay attention to is, incidental civil lawsuit although belongs to the criminal procedure, but the defendant is liable for the people is not limited to the criminal defendant, the common people in criminal cases, there may be some people because of not being prosecuted but cannot become the criminal defendant, the does not mean that the civil liability is also. The following parties liable liability can be listed as the defendant: the criminal defendant; the criminal defendants behavior legally liable for compensation, such as in criminal defendants to minors under the age of 18 or mental patient's case, the guardian can be classified as a defendant; the other shall be outside the criminal defendant liable for the common people, the other person is not in prosecution in criminal proceedings. Defendant project with the same.
       The people's Procuratorate filed criminal attached to things civil prosecution, the prosecution writing "the plaintiff: * * * People's Procuratorate (the Institute)", another two lines were written: "where the address (the address) / Representative: (name), position (the school inspector)." The accused is writing "the defendant", with the same project.
       

   (2) the claim
    Thirty-sixth of the criminal law of first is the incidental civil lawsuit request entity legal basis. This stipulation: "where the victim has suffered economic losses as a result of a criminal act, the criminal in addition to give criminal sanction according to law, be sentenced to compensation for economic loss according to the situation." The possibility to obtain judicial relief in the victim, the law also gave special attention. Article thirty-sixth of the criminal law provisions in the second paragraph: "the criminals bear civil liability for compensation, and was sentenced to a fine, and its assets are not sufficient to pay off, or be sentenced to confiscation of property, should bear the liability for civil compensation to the victim." Seventy-seventh law of criminal procedure are incidental civil lawsuit request the procedure legal basis. According to the law, plaintiffs of the supplementary civil action requests the defendant compensation loss has explicit scope, namely the crime and the victim has suffered economic losses (Criminal Law), or loss of material (the interpretation rules of criminal procedure law and the court execution of criminal procedure law set), not including the spirit damage. The economic losses have occurred, should include economic loss, including future inevitable economic loss, the direct economic loss, but the possible future economic loss or the expected loss of economic interests is not one of them. For example, personal injury compensation, claim should include medical treatment fees, expenses, transportation costs, delay costs, care, disability assistance fees, medical fees, continued victim should bear alimony, custody fees. In judicial practice, nutritional costs is considered a reasonable fee, but the fee is not easy to determine, is usually incorporated into the spirit of the solatium or directly to the spirit of the solatium name. But the spirit of the solatium has the nature of compensation for mental damage is obvious, and the scope of compensation in criminal law and criminal procedure law are not exact basis. As a widely known and obtain considerable social recognition of the compensation project, included in the incidental civil lawsuit plaintiff civil procedure proposed is understandable. In addition, the claim for writing requirements and civil prosecution claim writing requirements are consistent. The defendant when more than one person, claim should require defendant shall bear joint and several liability.
       

   (3) the facts and reasons
    Writing structure and civil complaint facts and reason on the part of the same facts and reasons, incidental civil complaint parts in the structure is divided into two parts, first write the facts of the case, after writing the reasons for requesting the litigation evidence.
    In part writing has its particularity. In the supplementary civil action in criminal proceedings, the criminal responsibility of the accused held by the people's Procuratorate, plaintiffs of the supplementary civil action only incidental civil tort part defendants of claims, including the people's Procuratorate as the plaintiff of the supplementary civil action to file an incidental civil action and so. Normally, in this case, the fact of incidental civil complaint would only need to write civil tort acts of the defendant, tort and tort occurred results, without the need to write the criminal acts of the defendant. But the incidental civil action has its particularity, although the defendant's criminal facts in the people's Procuratorate indictment charges the facts presented as criminal facts, but still can not appear in the incidental civil lawsuit, because the criminal facts of a crime is the premise of incidental civil litigation, the link between the two in the law is very close this is like; although the main content of civil tort results of criminal defendant is not a people's Procuratorate criminal charges, but can be used as a discretionary sentencing written complaint. At the same time, the need to pay attention to is, in criminal and civil cases, criminal acts of the defendant, in fact it is incidental civil infringement defendants, but the personal injury tort criminal offence plot or caused to the victim and the defendant and the behavior to the victim's material loss, a decisive role of different properties to the case. Therefore, criminal crime fact part of incidental civil complaint still should the defendant, the defendant criminal behavior in writing (in fact it is the implementation of civil tort) start, process and results. The fact that the writing, because the indictment charges earlier, can write according to the indictment charges the facts, and to focus on the consequences of the writing, and no matter what kind of consequences, finally comes down to the economic loss. If the defendant that the plaintiff's criminal facts and the people's Procuratorate indictment that the facts of a crime are not consistent, incidental civil indictment the fact of writing requires a concrete analysis of concrete conditions. If the defendant accused that the plaintiff's criminal facts and the people's Procuratorate indictment that crime fact no entry in the basic content, but the details are different, then the plaintiff in incidental civil complaint in writing that it is best not to reflect this difference, because that this difference was not what help for the plaintiff's the request, but to the plaintiff of the supplementary civil action brought the burden of the new. If the defendant the plaintiff of the supplementary civil action as the facts of the crime and the people's Procuratorate indictment that crimes have fundamental differences, such as the effect of discrepancies in qualitative, sentencing and the civil liability of the case, the plaintiff of the supplementary civil action on one hand should be different understanding on the case to the people's Procuratorate reflect, request the people's Procuratorate to investigate or provide enough to make the plaintiff of the supplementary civil action evidence of a change, will recognize the facts of the case as the facts written incidental civil prosecution, and provide proof of this fact is indeed sufficient evidence. The people's Procuratorate criminal incidental civil lawsuit can be used as an exception of incidental civil prosecution not proposed by the parties in writing, that part of the method is simple, can be all but slightly briefly the fact the indictment of all moved into the criminal supplementary civil lawsuit, and the material damage caused by crime acts of the defendant to the victim of the document as in some key contents as the extension of the consequences of the defendant guilty of crime fact of nature. This is mainly because the people's Procuratorate prosecution, there is no difference in the facts of the case.
       The reason of writing with the civil complaint has something in common with the civil complaint, also should be the nature of civil tort defendant by analysis that, due to the criminal defendant to the plaintiff of the supplementary civil action caused economic losses are summed up, still be proved the liability of the defendant in the law. Note that the following aspects: first, the reason should be part of the causal relationship between criminal liability of defendants collateral damage results and the defendant to prove, this is basis for the defendant shall bear the responsibility for compensation; second, plaintiffs of the supplementary civil action the need for incidental civil lawsuit requests the defendant shall bear the responsibility for compensation to be proved; third, if more than one person tort civil, not detailed division of each tortfeasor shall assume the liability of size, but should require the joint tortfeasors shall bear joint and several liability. In the legal basis, should not only refer to section first (thirty-sixth of the criminal law basis of substantive law), seventy-seventh criminal procedure law article first, paragraph 2 (procedure law), and the general principles of the civil law provisions (substantive basis).
       

   (4) the evidence
    Supplementary civil action in essence, belongs to the civil litigation, civil litigation of burden of proof for the general principles, namely "who advocate who burden" principle. Therefore, in writing the reasons part, incidental civil prosecution should be written on the evidence part, method shall be used to catalogue, which requires only evidence name and source of evidence, witness name and address, without the need for specific content written evidence, does not need to carry on the analysis of evidence, and, as the plaintiffs of the supplementary civil action is not the purpose of criminal responsibility of the defendant, the claim is only part of the civil compensation, so you only need to enumerate the civil damages evidence to prove it. The criminal facts of a crime are not needed to be proved in the incidental civil lawsuit.
       

   (three) model      

　　　　　　　　　　　　　　　　 criminal attached with civil complaint

       The criminal supplementary civil plaintiff person (hereinafter referred to as "the plaintiff") Liu, male, 33 years old, Han, the original individual transport operators, live * * * way * fish City District no..
       The defendant criminal incidental civil (hereinafter referred to as the "defendant") long Mou, male, the Han nationality, born 3 May 1971, high school culture, farming, live * * * * City District road.

　　　　　　　　　　　　　　　　　　　V.LitigationPleaseO

       The defendant to the plaintiff compensation for medical expenses, disability allowance 64154.40 yuan.

　　　　　　　　　　　　　　　　　　ThingsRealAndScienceBy

        The morning of June 13, 1998, the plaintiff drove from Bao Ling to Mingguang, agricultural vehicles on the way Wang Guang driving many deliberately blocking the front way, the plaintiff repeatedly whistle signal out of the way, Wang Guangjun ignore. The two sides was a dispute. Wang Guang invited a defendant, common assault plaintiff, wherein, long a pole to cut the accused in the head, causing the plaintiff extradural hemorrhage, skull fracture. The identification of injury degree in forensic science society, seriously. In the identification of forensic injury disability rating of 6. The plaintiff rescue of be in hospital 16 days rest, after 3 months, take medical treatment costs 111 74.40 yuan, travel 500 yuan. The criminal acts of the defendant is a * * * District People's Procuratorate to the city, District People's court prosecution.
      The plaintiff, defendant the plaintiff a deliberately harm, should bear the criminal responsibility, should compensate the plaintiff medical costs 11 174.40 yuan, travel 500 yuan, 1220 yuan care, nutritional costs 1060 yuan, lost wages 10 600 yuan (including stop operating loss fee), disability subsidies 39 000 yuan, identification of costs 600 yuan, a total of 64 154.40 yuan. The people's court according to law for special decision.

The name and address, name and other evidence

               1 medical bills 35;
               2 travel documents in 21 copies;
               3Identification of bill 2;
               4The witness list (submitted * District People's Procuratorate).

This      Induced
*, * District People's court

Attached to: (1) or in the other 1 copies, 1 copies to the procuratorate;
    (2) compensation calculation method and the results in listing 1.

The criminal supplementary civil plaintiff person:* * *

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