Defendant is in criminal proceedings for crimes of criminal defendants caused by the loss, prosecution shall bear civil liability for compensation. According to China's relevant laws and judicial interpretations, including the following conditions:

    1,The criminal defendant.Including is listed as a natural person, legal person or other organization criminal defendant in the indictment, involved, other common perpetrator but not be investigated for criminal responsibility.

    Note: the fugitive accomplice should not be listed as the defendant, the judicial practice of dealing with this kind of situation, the general is decided by the criminal defendant compensation plaintiff of the supplementary civil action of all economic losses to the fugitive criminal justice, CO after the decision by the accused and convicted of shared joint and several liability.

    2,Guardian of juvenile defendants.The juvenile defendant personal property, should first of all by myself to bear civil liability, in part by the lack of a guardian shall make compensation for the losses.

    Note: if the unit as a guardian, the unit does not need to assume the liability of compensation.

    3,Executed criminals inheritance.His successor in the inheritance shall be liable for compensation within.

    4,In a case of joint crime, the case has been concluded before the death of the heirs, heirs to inherit only within the scope of liability.

5,Other crimes of the criminal defendants to units and individuals shall bear civil liability for compensation.

    6, the insurance company according to law, civil liability, which belongs to the defendant.

Defendant not only contains the common perpetrator, incidental civil lawsuit is not only include the relationship between tort law. According to "the Supreme People's Court on some problems in the implementation of" the people's Republic of China Criminal Procedure Law > interpretation "(hereinafter referred to as the" interpretation ") eighty-sixth, defendant contains common tort, the guardian, the heir, other bear civil liability person (units and individuals, the same below), in addition, according to the above seventy-third interpretation, including criminal procedure guarantee. Therefore, incidental civil action does not only include the relationship between tort law. It contains the civil liability such as generated employment legal relationship, legal relationship of agency, management and legal relationship, inheritance law, civil liability bear the joint liability, joint and several liability, vicarious liability etc.. For example, in the traffic accident criminal cases, in general the vehicle owner is the defendant, although no tort legal relationship between the owners and the victim, but the owner is the motor vehicle ownership and management responsibility and obligation of compensation, and not because it is not common offender is not involved in incidental civil action. 　

According to the "insurance law" article fiftieth, the insurance company is based on the regulations of law to bear civil liability for compensation in advance, not based on and injured third have contract relationship or and the insured shall perform the obligation of contract. Even in the insurance contract have not agreed to pay the third direct insurance, the insurance company should be in accordance with the law directly to the victims of the third pay compensation insurance, to avoid the insured before the insurance compensation third decamp. The injured third party shall have the right to ask to pay compensation for the accident of motor vehicle insurance company owners rights. The injured third party to the insurance company to file an incidental civil action, the court shall accept the case.

Not as exceptions to the defendant:

    1: because of its staff or employees in the performance of their duties or business crime causes material loss of the legal person or other organization.

    Note: victims of crime in the execution of duties or business in the infringement, the victim the unit or the employer should not be used as the defendant, the victim to suffer the crime violation, because treatment, delays, funeral, for the subject with the unit or the employer dispute, does not belong to the incidental civil litigation the scope of the case.

2To cause or contradictions: criminal responsibility and criminal acts or directlyJointUnits and individuals must bear fault liability and the consequences of damage.

Legal links:

　  1, "the Supreme People's Court on the implementation of people's Republic of China Criminal Procedure Law" interpretation of several issues "eighty-sixth: incidental civil action shall be liable for compensation include: (a) the criminal defendant (citizens, legal persons and other organizations) other common Harmer and not be investigated for criminal responsibility; (two) minor criminal defendant's guardians; (three) has been executed criminals heir; (four) in a case of joint crime, the case has been concluded before the death of the heir; (five) other crimes of criminal defendant in accordance with the law shall be the units and individuals shall bear civil the liability of compensation.

2, "the Supreme People's Court on the implementation of people's Republic of China Criminal Procedure Law" interpretation of several issues "seventy-third: according to the facts of the case, that the defendant has constituted a crime of escape and hide in the release on bail, if the guarantor collusion with the defendant, to assist the Levant and knowingly hiding place and refused to provide to the judicial organs, to ensure the people shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law. Has the circumstances as prescribed in the preceding paragraph, if the defendant defendants bail and incidental civil action, the guarantor shall bear joint and several liability, but should be based on its guarantee of plaintiff of the supplementary civil action filed a claim amount.

3, "road traffic safety law" seventy-sixth article: motor vehicle traffic accidents caused casualties, property loss, the insurance company in motor vehicle compulsory third party liability insurance liability limits the scope of compensation.

4, "insurance law" fiftieth article: the insurer of liability insurance of the insured to third party damage, in accordance with the law or the agreement in the contract, directly to the third party compensation insurance.

5, twenty-second in any of the following circumstances, the insurance company compulsory insurance liability limit range pays rescue expenses in motor vehicle traffic accident responsibility, and shall have the right to recover the injurer: (a) did not obtain a driver's driving qualifications or drunk; (two) the insured motor vehicle stolen during the accident (three); the insured intentionally causes a traffic accident.

    6,"The Supreme People's Court on the implementation of the" PRC Criminal Law "interpretation of several issues" stipulates that the 100th "people's court trial of the incidental civil lawsuit, in addition to the application of criminal law, criminal procedure law, should also apply the general principles of the civil law, civil procedure law"

    7,"The people's Republic of China tort liability law" article eighth "two or more persons jointly commit a tort, and causes damage to others, he shall bear joint and several liability".

    8,"The Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation cases the interpretation of" third "more than two people common intentional or negligent damage, or have no common intent, joint negligence, but the infringement occurred directly with the same damage consequences, constitute the common infringement, should be in accordance with the general principles of the civil law 130th shall bear joint and several liability".

    9,"The Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case explanation" article fifth "compensation for the right to prosecute some of the joint tortfeasors, the people's court shall add other joint tortfeasors as joint defendants. The right to compensation in the proceedings to abandon some of the joint tortfeasors lawsuit request, other joint tortfeasors to waive claims the defendant shall bear the compensation share not bear joint and several liability. It is difficult to determine the presumption of responsibility, all the joint tortfeasors bear the same liability. The people's court shall give the legal consequences of litigation request inform the right to compensation, and will waive claims in the legal documents stated".

    The provisions in the law and judicial interpretations, the scope of criminal cases of traffic accidents with the defendant, the defendant was not only includes the investigation of criminal responsibility, but also other common perpetrator and other liable for compensation have not been prosecuted for criminal responsibility.