Author: Hubei Ming day law firmLi Mingjun lawyer 15997195876

Since January 1, 2013 will come into effect of the new criminal law judicial interpretation of article 155th, the motor vehicle accident crime criminal incidental civil compensation lawsuit scope to make special provisions, the law permitted regulation mode, or the corresponding provisions in other laws as reference, summary to the following:

One, "Criminal Procedure Law" about civil compensation scope:

Article ninety-ninthThe victim has suffered because of the defendant's criminal actMaterial lossAnd, in the process of criminal proceedings, shall have the right to file an incidental civil action. The victim's death or incapacity, his legal representatives, near relatives shall have the right to file an incidental civil action.

　　If the state property, collective property losses, the people's Procuratorate, may file an incidental civil action.

Two, "Supreme People's Court on the application of people's Republic of China Criminal Procedure Law > explanation" in criminal incidental civil compensation scope:

Article 155th Make a judgment on the incidental civil action, should be based on criminal behavior caused by loss of material, combined with the specific circumstances of the case, the defendant shall determine the amount of compensation.

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.

The casualties caused by driving a motor vehicle or cause heavy losses to public or private property, which constitutes a crime, in accordance with "the people's Republic of ChinaRoad Traffic Safety Law"The provisions of seventy-sixth determining liability.

Incidental civil litigation parties to reach a mediation, reconciliation agreement on civil compensation, scope of compensation, the amount is not subject to the provisions of the second paragraph, third paragraph limit.

Three, "road traffic safety law" the relevant provisions of the motor vehicle traffic accident compensation scope:

Seventy-sixth traffic accidents caused by motor vehicleHuman casualties, property loss, by insurance companies in motor vehicle compulsory third party liability insurance liability limits the scope of compensation;The problem of parts, shall bear the liability for compensation in accordance with the following provisions:

　　(A)Traffic accidents between motor vehicles, by the party at fault shall bear the liability for compensation;Both parties are at fault, in accordance with their respective proportion of fault responsibility.

　　(Two)Motor vehicle and non motor vehicle traffic accidents, pedestrians, non motor vehicle drivers, pedestrians have no fault, the motor vehicle shall bear the liability for compensation;There is evidence that non motor vehicle drivers, pedestrians have fault, appropriate to reduce the liability of motor vehicle party according to the degree of fault;The motor vehicle shall not at fault, shall bear the liability for compensation of not more than ten percent.

The losses of the traffic accident is a non motor vehicle drivers, pedestrians deliberately collision caused by motor vehicles, the motor vehicle shall not bear the liability of compensation.

    Four, "the Supreme People's Court on the road traffic accident damage compensation case applicable legal interpretation of several issues" about the scope of compensation provisions:

The fourteenth road traffic safety law seventy-sixth stipulation"Personal injury", refers to a traffic accident is tort against the right of life, right of health and personal rights and interests of the damage, including the tort liability law article sixteenth and the provisions of article twenty-second.

Road traffic safety law seventy-sixth stipulation"Loss of property", is a result of motor vehicle traffic accident against infringement of property rights caused by the loss of.

    Five, "tort liability act" the relevant provisions of the scope of personal tort compensation:

　　Article sixteenthInfringementOthers to cause personal injury, the reasonable expenses shall pay the medical fees, nursing fees, transportation fees and expenses for treatment and rehabilitation, as well as the lost wages. The cause of disability, should also be compensation for disability living allowance and disability compensation. Death is caused, it shallCompensationFuneral expenses and deathCompensationGold.

　Article twenty-secondInfringementThe other person rights, causing serious mental damage, wasTortOne can request the spirit damageCompensation.

    To sum up, according to the relevant laws and judicial interpretations, driving motor vehicles causing casualties or cause heavy losses to public or private property crime, incidental civil compensation lawsuit scope should include the compensation for disability, death compensation, but according to "Criminal Procedure Law" the relevant provisions set does not include compensation for mental damage.

   At the same time that, other related personal injury criminal incidental civil compensation does not include disability compensation, death compensation. Therefore, in the lawsuit practice, the right to compensation for the benefit maximization, the crime of causing traffic casualties, to file an incidental civil action, can solve together with the criminal; but the other crimes related to personal injury in the supplementary civil compensation, if not a criminal reconciliation, will need to be filed a civil lawsuit.

                                                 Author: Hubei Ming day law firmLi Mingjun lawyer

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