Summary: the law should fully protect the legitimate rights and interests of the parties, to save the precious judicial resources

Original: the seventy-seventh 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.

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

The people's court when necessary, and may seal up or distrain the property of the defendant.

Is amended as: seventy-seventhCitizens, legal persons or other organizationsBecause the criminal acts of the defendant has suffered material losses or spiritual loss, in criminal proceedings, 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.

The people's court when necessary, and may seal up or distrain the property of the defendant.

Reason.

Set the incidental civil lawsuit system aims to, through the same procedure in solving the crime person for the same offence of criminal liability and civil liability, thus reducing the lawsuit, saving judicial resources, improve the efficiency of trial. Non direct target of crime in reality, but the victim by criminal behavior has suffered material losses is substantial, but because of the defects of law and not through incidental civil lawsuit, had to be prosecuted to solve the crime problem of civil liability shall be borne by the; especially for the spirit of the loss of the criminal proceedings shall not compensate,This is obviously deviated from the original purpose of incidental civil action system, but also deviates from the spirit of constitutional protection of human rights. Therefore, the author suggests that the Chinese Criminal Procedure Law Article77Is amended as follows:"The citizen, legal person or other organization has suffered material losses as a result of the defendant's criminal actOr spiritual loss, in criminal proceedings, shall have the right to file an incidental civil action."