Li Dongyue was charged with intentional homicide incidental civil lawsuit appeals
(without capacity of criminal responsibility)

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(a) first
1 the book shop
A judgment: the Guangzhou City Intermediate People's Court (2004) spike French penalty criminal No. 135th at the beginning of the incidental civil judgment.
The second instance verdict: Guangdong Provincial Higher People's Court (2004) Guangdong high punishment a final ruling criminal No. 785th.
2 cases: homicide.
The 3 parties
The prosecution organ: People's Procuratorate of Guangzhou City, inspector Zhang Xiaoli.
Plaintiff of the supplementary civil action (the appellant): Zou Xiaolian, born in 1972, * month * date Han, Sichuan Province Qianwei county people, farmers, victim's wife.
Plaintiff of the supplementary civil action (the appellant): Ning Kaiyong, born in 1936, * month * date Han, farmers, the father of the victim.
Plaintiff of the supplementary civil action (the appellant): Pan Chengxiu, born in 1937, * month * date Han, farmers, the mother of the victim.
Plaintiff of the supplementary civil action (the appellant): Ning Ying, born in 1998, * month * date Han, the female victim.
Attorney: Ning Yongsen, born in 1966, * month * date Han, worked at Yunhai Hotel Guangzhou City, victim's brother.
Attorney: Ning Fang, born in 1973, * month * date Han, worked in Guangzhou City, venture Holdings Limited, is the sister of.
The defendant (appellee): Li Dongyue, born in 1977, * month * date Han, born in Guangdong Province Yangchun City, no industry. Convicted of theft in August 12, 1996, sentenced to five years in prison, released from prison in August 24, 2000. For the case in October 16, 2002, criminal detention, in November 28th the same year was arrested. Due to mental illness is to send medical institutions for compulsory treatment.
Defenders: Shi Anqin, Zhao Hualin, Guangzhou branch of Shanxi Ming Sun lawyer.
4: the second instance trial level.
5 judicial organs and the judicial organization
The court of first instance: Guangzhou City Intermediate People's court.
The collegial panel: judge: Xu Wenbin; Acting judge: Zhong Jian, happiness.
The court of second instance: Guangdong Provincial Higher People's court.
The collegial panel: judge: Zhong Zhuojian; Acting judge: in Jinxin, Jiang Weisheng.
The 6 time
The trial concluded: August 18, 2004.
The second time: December 8, 2004.
(two) a trial
1 first instance plea that
Prosecution organ charges: defendant Li Dongyue because of life lost, want to kill to end their own lives. On October 16, 2002 morning at eight thirty PM, Li Dongyue carrying tool knife, came to the Guangzhou Railway Station East Green South Plaza, take the victim Ning Yongli unprepared, knife toward the chest stabbed a knife, and escape in Ning Yongli continue to kill, to the ground dead. According to the indictment, Li Dongyue's behavior has constituted the crime of intentional homicide, and recidivism, brought to the court sentenced to.
Plaintiff of the supplementary civil action request the court to order the defendant Li Dongyue to pay funeral expenses, was dependent for living expenses, death compensation, the cost of transportation, accommodation, lost wages and damages totaling 297855.73 yuan.
The defendant Li Dongyue admitted the facts of the crime accused, asked for their punishment.
Counsel, Li Dongyue of the accused person suffering from schizophrenia, in the implementation of harm behavior lose substantial ability to identify, without capacity of criminal responsibility, the act does not constitute a crime of intentional homicide, request the compulsory medical treatment.
2 the facts and evidence
Guangzhou City Intermediate People's court in the open court found: October 16, 2002 morning at eight thirty PM, Li Dongyue of the accused person carrying tool knife, came to the Guangzhou Railway Station East Green South Plaza, take the victim Ning Yongli unprepared, knife toward the chest stabbed a knife, and escape in Ning Yongli continue to chase thorns, with a knife stabbed in the back and chest, abdomen number, caused the fell dead. Li Dongyue after the attack was captured the scene. The psychiatric expert testimony, the defendant with schizophrenia at the time of the crime, the loss of substantial ability to identify, without capacity of criminal responsibility.
The facts mentioned above have the following evidence:
(1) the witness testimony confirmed: Lai Zhengqun in October 16, 2002 8 am, see two men after a previous run, behind the people to pursue the front man, with his arm towards each other body and two or three, the man was chased down. Then, after a person squatting on the ground, raised his hands.
(2) the witness testimony confirmed: Pan Jun October 16, 2002 morning 9 when make, patrol in the CITIC Plaza, heard a cry for help, see the two men in drag, as if in a fight, after see a man lying on the ground, the whole body is a blood, another man saw his back, put the knife down on the ground, and then squatted on the ground. Identify the photos to identify the defendant Li Dongyue.
(3) the witness testimony confirmed: Li Huaxin in October 16, 2002 at eight thirty in the morning to 40 pm, at the train station square in front of watering, saw a man with a knife stabbed another man. Identify the photos to identify the defendant Li Dongyue's assailant.
(4) the witness testimony confirmed: Zhu Tongrong as early as October 16, 2002, garbage in the South Plaza, saw a blue robed man stabbed a wear red clothes people with something. Identify the photos to identify the defendant Li Dongyue is stabbed person.
(5) the witness testimony that Ning Yongfang: Ning Yongli on October 16th at seven fifty in the morning to go out, at 11 in the morning call his mobile phone.
(6) the scene record and photographs confirm site.
(7) Guangzhou City Public Security Bureau Tianhe District branch ear public punishment (techniques) word (2002) No. 1202nd criminal science and technology inspection report confirmed: Ning Yongli blood is type "O": the scene extraction tools blood on the knife for the "O" type.
(8) Guangzhou City Public Security Bureau Tianhe District branch ear public days of criminal technology mark characters Kam (2002) No. 205th trace identification book confirmed: the extraction of tip million extraction fingerprints is Li Dongyue's right hand index finger left.
(9) the Guangzhou Public Security Bureau Tianhe District branch ear public punishment (techniques) characters Kam (2002) No. 1201st criminal identification of science and technology book confirmed: Ning Yongli due to chest, back, abdomen multiple stab wounds to the lungs, liver ruptures caused acute hemorrhagic shock death.
(10) the psychiatric hospital in Guangzhou City, Guangzhou City, forensic psychiatric group wide fine (2003) Si Jian Zi No. 2528th of forensic psychiatric identification book confirmed: the defendant Li Dongyue suffering from schizophrenia, the loss of substantial ability to recognize, no responsibility. Recommended care.
(11) Guangdong Province of mental health psychiatric judicial authentication technology group made 0402 forensic psychiatry Book confirmed: the defendant Li Dongyue suffering from schizophrenia, the damage behavior of the implementation in October 16, 2003 lost substantial ability to identify, assess no responsibility.
(12) of the people's Republic of China Ministry of justice judicial identification center made a judicial department in the center (2004) fine characters Kam forty-fifth testimonial confirmed: the defendant Li Dongyue suffered from schizophrenia, and it is the period of onset, recommended mandatory care. Li Dongyue of the accused person without capacity of criminal responsibility on this case.
The 3 reason for a trial
Guangzhou City Intermediate People's court according to the facts and evidence that: the defendant Li Dongyue knife illegal deprivation of life, death, their behavior has caused harm result, but the defendant Li Dongyue implementation of intentional homicide, upon verification and confirmation through legal procedure is the defendant Li Dongyue identify control their behavior cannot be caused by, not to bear criminal responsibility according to law, the government should enforce medical. The defendant made public prosecution authorities according to the third hospital does not have the qualification of psychiatric medicine Zhongshan Medical University Affiliated Li Dongyue suffering from schizophrenia, not completely lost the ability of recognizing in the implementation of harm behavior, forensic psychiatry has partial ability of responsibility, the defendant Li Dongyue committed the crime of intentional homicide and recidivism is improper, shall not be accepted, support. The defenders put the defendant Li Dongyue suffering from schizophrenia, in the implementation of harm behavior lose substantial ability to identify, without capacity of criminal responsibility, do not bear criminal responsibility, request the defending opinions, compulsory medical facts, according to law, the court accepted. The defendant Li Dongyue is to identify, control their own implementation of intentional homicide in not, do not bear criminal responsibility according to law, accordingly, also do not bear civil liability.
4 a validation case conclusion
Guangzhou City Intermediate People's court in accordance with the "The people's Republic of China Criminal Law"ArticleArticle eighteenFirst, make the following decisions:
(1) the defendant Li Dongyue shall not bear criminal responsibility.
(2) rejected the plaintiff of the supplementary civil action requires the defendant Li Dongyue compensation for economic loss claims.
(three) the second instance plea that
The appellant (the plaintiff of the supplementary civil action) and attorney claimed: the Third Hospital of Zhongshan Medical University affiliated with the forensic psychiatric appraisal qualification, requirement bear criminal responsibility to Li Dongyue, caused by the economic loss compensation for crime.
(four) the facts and evidence of second instance
Guangdong Provincial Higher People's court open court found: October 16, 2002 morning at eight thirty PM, the defendant of the original instance Li Dongyue in Guangzhou Railway Station Station South Plaza CITIC Plaza North Gate Road Greening, take the victim Ning Yongli unprepared, holding a knife in Nanjing chest stabbed a knife, and continue to chase the thorn in the Ning escape, stabbed back, chest and abdomen a number of knives, induced Ning fell dead. Li Dongyue after the attack which was rushed to the police captured the scene. The Li Dongyue 3 times for forensic psychiatry, determine its people with schizophrenia at the time of the crime, the loss of substantial ability to identify, without capacity of criminal responsibility. Find out the other, the plaintiff of the supplementary civil action requests that the defendant Li Dongyue to pay funeral expenses, was dependent for living expenses and compensation for the death of economic losses amounting to 297855.73 yuan.
The facts mentioned above have the following evidence:
(1) the witness testimony and Zhu Tongrong Li Huaxin, to identify transcripts confirmed: at the time, Li Dongyue see a knife stabbed a man multi cutter. Police rushed to the scene, Li Dongyue threw a knife on the ground, then squatted on the ground.
(2) the witness Pan Jun's testimony and identification record confirmed: he was in the near field, see Li Dongyue and another man pull heard a cry for help, as in the fight, he came and found the man lying on the ground, the whole body is blood, and Li Dongyue saw himself, would throw on the ground, then squatted on the ground. After the police take Li Dongyue away.
(3) the witness Lai Zhengqun's testimony confirmed: at the time, he gave the green belt watering, see two men after a previous run, behind the man after arm toward the front man waved two or three, front man went down. Then, the back man squatting on the ground, raised his hands.
(4) the scene captured the defendant of the policemen arrested after writing: Wu Weixin, Wang Yaojing confirmed the police at the scene near heard someone shouting sound of fighting, rushed to the scene, found that two of men in the scuffle, a man armed with a knife stabbed each other to pour in the ground, to see them, put the knife away after squat.
(5) the scene records and photos confirmed: the scene is located near the Guangzhou Railway Station East Green South Plaza, CITIC Plaza North gate, police officers at the scene captured the tools used knives a.
(6) Guangzhou City Public Security Bureau Tianhe District branch ear public punishment (techniques) word (2002) No. 1202nd criminal science and technology inspection report confirmed: the victim Ning Yongli blood type is "O" type, the scene extraction tools blood on the knife found "O" blood type.
(7) Guangzhou City Public Security Bureau Tianhe District branch ear public days of criminal technology mark characters Kam (2002) No. 205th trace identification book confirmed: the fingerprint extraction tool shank is Li Dongyue's right hand index finger left.
(8) Guangzhou City Public Security Bureau Tianhe District branch ear public punishment (techniques) characters Kam (2002) No. 1201st criminal identification of science and technology book confirmed: the victim Ning Yongli because the chest, back, abdomen multiple stab wounds to the lungs, liver ruptures caused acute hemorrhagic shock death.
(9) the psychiatric hospital in Guangzhou City, Guangzhou City, forensic psychiatric group wide fine (2003) Si Jian Zi No. 2528th of forensic psychiatric identification of Guangdong Province, and mental health psychiatric judicial authentication technique group made 0402 forensic psychiatry books are confirmed: the defendant Li Dongyue mentally schizophrenia, the loss of substantial ability to recognize, no responsibility.
(10) identification center of the Ministry of justice to make judicial department in the center (2004) fine characters Kam forty-fifth testimonial confirmed: the defendant Li Dongyue suffered from schizophrenia, and it is the period of onset, recommended mandatory care; Li Dongyue without capacity of criminal responsibility on this case.
(11) the plaintiff of the supplementary civil action to the incidental civil lawsuit indictment and account information and other related materials to prove in the volume.
(five) two trial reason
Guangdong Provincial Higher People's court according to the facts and evidence that the defendant Li Dongyue: after several times for psychiatric medical expertise, confirmed that no criminal responsibility, should be identified its irresponsible for criminal responsibility according to law. According to "the Supreme People's courtOn the interpretation of the implementation of the "PRC Criminal Procedure Law > problems"ArticleArticle one hundred and oneProvisions shall be made, the court of first instance criminal incidental civil judgment. According to the "Civil Procedure Law of the people's Republic of China"ArticleArticle fifty-sevenRegulations, Li Dongyue as no legal capacity, by their guardians as statutory agents for litigation. Legal representative to the court of first instance did not inform Li Dongyue to participate in the civil suit collateral appeal in accordance with the law, compensation for economic losses, belong to illegal procedure.
(six) and two case conclusion
Guangdong Provincial Higher People's court in accordance with the "The criminal procedure law of the people's Republic of China"ArticleArticle one hundred and ninety-oneArticle (five), "the Supreme People's courtOn the interpretation of the implementation of the "PRC Criminal Procedure Law > problems"ArticleArticle two hundred and fifty-nineRegulations, ruling as follows:
1 undo Guangdong Province Guangzhou City Intermediate People's Court (2004) spike French penalty criminal No. 135th at the beginning of the incidental civil judgment in the incidental civil part;
2 back to Guangdong Province Guangzhou City Intermediate People's court re trial.
(seven) interpretation
The case appears to be simple, many legal problems actually involves, is how to treat psychiatric judicial authentication, between the evidence that more than one fact is contradictory situation how to judge, adopt the evidence, how to deal with the incidental civil action not bear criminal responsibility, as well as the incidental civil lawsuit how to confirm the qualification etc..
1 how to treat psychiatric expertise.
"The people's Republic of China Criminal Law"ArticleArticle eighteenThe provisions in the first paragraph, "mental patient causes harmful consequences at a time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility, but his family or guardian shall be ordered to put in the custody and care; when necessary, by the government of compulsory medical." The statutory procedures confirmed here and the oldThe criminal lawIs a new regulation, what is the legal procedures? According to the "The criminal procedure law of the people's Republic of China"ArticleArticle one hundred and twentyThe provisions of second, is identified by the hospital provincial government designated. According to the February 26, 1998 Guangdong Government Office No. [1998]9 "notice" Guangdong Province People's Government on the designated medical identification hospital, Guangdong Province designated the First Affiliated Hospital of Zhongshan Medical University (now renamed the First Affiliated Hospital of Zhongshan University), Guangdong Province Mental Health Institute for psychiatric medical expertise in provincial hospital, Guangzhou City psychiatric hospital designated fourteen hospitals for hospital medical identification spirit level. Wei Yue according to the Guangdong Provincial Health Department, the Department of Justice issued a joint (2002) No. 108 "on the adjustment of the provisions the provincial government designated notice" medical identification unit, adjust the First Affiliated Hospital of the original provincial psychiatric medical hospital of Zhongshan University Third Affiliated Hospital of Zhongshan University.
At present, both in China, or some level of medical high country, forensic psychiatric cannot guarantee absolute accuracy, spiritual phenomenon until now still can not be completely, the true explanation. Normal people may be psychotic conclusion, mentally ill people can be made without a psychiatric practice examples of this conclusion, considerable. The Supreme People's court senior judge Zhang Jun, Xiong Xuanguo has pointed out, even if the defense lawyer, actor family members are put forward psychiatric expertise on human behavior, but the judge according to the specific circumstances of the case, such as the motive for the crime, the circumstances of the crime, the crime of escape legal sanction, attitude, think that people have no psychiatric problems, can not easily agree to psychiatric judicial authentication, because once the identification is not accurate, the psychotic conclusion, that will be very passive; on the other hand, if no one psychiatric evaluation problem of judicial, but judge by comprehensive analysis, find the defendant spirit may not normal, should also be active for psychiatric identification of human behavior. The author thinks that, this view is from the trial practice, to solve practical problems.
In addition, any conclusions, including psychiatric expertise, must pass through the cross examination before deciding whether to adopt as the basis for decision. If after examination, the collegial panel considers that it is not correct, not to be found. This is not to say that there is fraud in the identification process, but that the conclusion is not scientific, and shall not be adopted, it is to the discretion of the judge.
2 how to face psychiatric judicial authentication conclusions contradictory.
Criminal trial practice, often appear the contradiction between the confirmed the same evidence, how to deal with this situation? The author thinks, if conflicting evidence shall not be adopted that does not affect the facts of the case, the evidence can be treated as the defective evidence, simply are not accepted; if have to adopt one of evidence, should be combined with other evidence of the case judgement, the adoption of high reliability, more consistent, and other evidence verify evidence. In criminal cases, conflicting evidence is very common, more performance for the same witnesses, defendants copies of the testimony or statement, various witnesses, defendants testimony or statement. The urgency for the limited evidence, criminal case crime considerations, most have conflicting testimony of witness, the confession of the defendant or should be included in the adoption, the judge should be based on their own analysis of the case, judge parts to choose evidence. Of course, for other evidence and contradictions more prominent, has affected the entire case evidence of the facts, the second instance judges can only proceed from reality, not be adopted, to make a determination in favor of the defendant, remand to facts unclear, insufficient evidence on the grounds, or the evidence is insufficient acquitted.
In this case, the procuratorial organs in the prosecutor behavior person Li Dongyue is likely to have mental illness, so will the case to the public security organ, supplement to the actor Li Dongyue as the spirit of justice and identification. The first conclusion is behavior person ability without responsibility on this case, the victims and their families may apply for re identification, the Third Affiliated Hospital of Zhongshan University, the behavior of human kind has partial ability of responsibility conclusion. After the procuratorial organs and entrusted to the relevant institutions have made two identification, conclusion is behavior person without capacity of criminal responsibility on this case. But prosecutors eventually bought second copies of identification, that is identification of the Third Affiliated Hospital of Zhongshan University, believes that the actor has the capacity of criminal responsibility, the crime of intentional homicide, the indictment. The court held that the Third Affiliated Hospital of Zhongshan University is not a mental hospital medical identification of the provincial government designated, adoption of the other three appraisal conclusion. The first instance court final judgment conclusion should be said is correct, but the reason is not tenable. The court of second instance to verify, confirm Wei Yue according to the Guangdong Provincial Health Department, the Department of Justice issued a joint (2002) No. 108 "on the adjustment of the provisions the provincial government designated notice" medical identification unit, one of the Third Affiliated Hospital of Zhongshan University is a provincial psychiatric hospital medical identification. The author thinks, although the second identified the perpetrator has partial ability of responsibility, but in view of the first, three or four expert has confirmed that the behavior people without ability of responsibility, the case the perpetrator and the victim to be strangers to each other, the motive is not normal, not timely escape after committing the crime, resist, was arrested after a speech have shown abnormal situation, should adopt the to prove that the actor has no responsibility. Evidence. From "suspected as innocent", "in favor of the defendant" into consideration, the court of first instance declared the person shall not bear criminal responsibility is appropriate.
3 the defendant does not bear criminal responsibility of incidental civil action how to handle a case.
After the verdicts, the procuratorial organs have no appeal, the defendant does not appeal, the first instance criminal part judgment has been legal effect. Plaintiff of the supplementary civil action as the families of the victims of the criminal part, the first instance judgment can request the people's Procuratorate within the period prescribed by law to lodge a protest or complaint, no right of appeal. So, in that the defendant was declared not bear criminal responsibility, civil litigation and how to deal with?
The court held that, because the defendant Li Dongyue cannot identify, control their own implementation of intentional homicide, he shall not bear criminal responsibility, in accordance with the law, therefore, also do not bear civil liability. Trial court that, according to "the Supreme People's courtOn the interpretation of the implementation of the "PRC Criminal Procedure Law > problems"ArticleArticle one hundred and oneProvisions shall be made, the court of first instance criminal incidental civil judgment. The court of first instance is the essence of such views: in the criminal supplementary civil case, the civil liability is the premise of the existence of criminal responsibility, if the defendant's conduct did not constitute a crime, the civil litigation has been filed for lost premise is not established, shall transfer the civil court trial or by the victim separately a civil lawsuit. The author thinks that, this view is not correct, the court of second instance view is correct. Concrete analysis is as follows: first of all, "Criminal Procedure Law"ArticleArticle seventy-sevenThe provisions in the first paragraph, "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", this "crime" should be a crime litigation sense, rather than the real sense of the crimes. Secondly, from the analysis of the original intention of legislation, the legislation of our country criminal cases and criminal incidental civil litigation proceedings, the purpose is the same evidence material using the same trial organization, as soon as possible, closed, reducing the appeal of tired, safeguard the civil rights of citizens, so in the judgment of the innocence of the defendant, the defendant also it is liable in damages, the people's court shall be to solve the economic compensation, continuity, integrity can be maintained of the proceedings, but also conducive to the timely, correctly handle civil disputes. Finally, the judicial interpretation has the issue made clear provisions. Supreme People's courtOn the interpretation of the implementation of the "PRC Criminal Procedure Law > problems"ArticleArticle one hundred and oneClearly stipulates, "people's Court of public prosecution of the defendant's conduct does not constitute a crime, to have an incidental civil action, reach an agreement after mediation can not, shall make criminal incidental civil judgment". Analysis.Criminal Procedure Law"ArticleArticle one hundred and sixty-two, "the Supreme People's courtOn the interpretation of the implementation of the "PRC Criminal Procedure Law > problems"ArticleArticle one hundred and seventy-sixSure, "does not constitute a crime" includes the juvenile has not reached the age of criminal responsibility or the mental patient identification, control their own behavior when there is no crime and irresponsible, and hurt the plot remarkable slight does not make a crime etc.. Therefore, the trial court does not first to incidental civil action to mediate between the two sides, in cases where mediation fails, and the criminal part together made criminal incidental civil judgment, is improper.
How to confirm the qualification of the incidental civil lawsuit in 4.
The criminal supplementary civil action in criminal trial practice, judges confirm error incidental civil litigation subject qualification of parties often seen the phenomenon. Some judges have no conditions and scope of clear legal agent, will not have the capacity or limit the capacity of his legal representatives directly as the plaintiff of the supplementary civil action, the plaintiff negates the litigation status because of the incapacity or restricted capacity. The victim cannot appear because of serious injury or disability or other reasons to participate in litigation cases, some judges error advocated by legal representatives or near relatives as a plaintiff to file and for incidental civil action, the plaintiff of the supplementary civil action recognition are not allowed. Some judges mistakenly legally liable for underage criminal defendant's guardian, direct defendant criminal incidental civil action.
The author thinks, the criminal supplementary civil trial proceedings, the incapacity or restricted capacity of his legal representatives directly as the plaintiff's approach is wrong, because the main legal agent not incapacitated or limit the capacity of the supplementary civil action law relationship, but one of the participants in the incidental civil action, the incidental to civil litigation is to safeguard the direct damage to the victim rather than their own rights and interests, its all litigation activities only to the victim or plaintiff of the supplementary civil action legal agent identity, but not in his own name as the plaintiff of the supplementary civil action. Due to reasons such as the serious inconvenience to participate in litigation, litigation can be commissioned agent action, this is not a problem of legal agent, nor the existence of its near relatives shall have the right to file an incidental civil action, the people's court shall lawfully confirmed killed talents with incidental civil litigation plaintiff qualification. In the case of death, others to file an incidental civil action for damages, is actually because of the defendant's criminal acts and indirect losses, according to "the Supreme People's courtOn the interpretation of the implementation of the "PRC Criminal Procedure Law > problems"ArticleArticle eighty-fourRegulations, have the right to file an incidental civil action, is a close relative of the victim has died. According to "Criminal Procedure Law"ArticleArticle fifty-eightArticle (five) the provisions of item, close relatives is a husband, wife, father, mother, son, daughter, brothers and sisters, and press the "The Supreme People's Court on the implementation of the general principles of the civil law > < several problems of the people's Republic of China (for Trial Implementation)"Regulations, close relatives include parents, spouses, children, brothers and sisters, grandparents, grandparents, grandchildren, Sun Zinv. The author believes that, in view of incidental civil action and civil litigation system does have differences, combined with national conditions, for the convenience of operation, defined the scope of close relatives shall be used as the standard, close relatives to file an incidental civil action according to "The law of succession"The execution of the order of succession. On the other hand, shall be liable for compensation limit the capacity or incapacity of the criminal defendant's guardian, not the defendant in an incidental civil lawsuit. Liability of guardian is produced by the guardian and the guardian is the relationship between the rights and obligations, and the guardian is causing damage is the damage compensation legal relationship, the guardian is not the subject of civil legal relationship, not as the qualification, thus cannot take the guardian as a defendant, of course, not because of the guardian bears civil liability. Deny the limited capacity or a person without capacity party qualification.
In this case, the behavior by multiple times for the Li Dongyue psychiatric medical expertise, confirmed that no criminal responsibility, should be determined as not to bear criminal responsibility according to law; as having no capacity for civil conduct causes damage to others, his guardian shall bear civil liability, on behalf of litigation. The court of first instance in the incidental civil lawsuit, did not inform his statutory agent to participate in litigation, ultimately rejected the plaintiff of the supplementary civil action, is the procedure illegal. The second instance court first instance civil part judgment remanding, is undoubtedly correct.

(Guangdong Provincial Higher People's Court of Jiang Weisheng)

Dongguan criminal lawyer Lv Wenliang 13649893386