Recently the agent together fraud case, I is the agent of the victim, fraud is 150000, as the victim to incidental civil action through criminal is added in the form of case, in order to obtain the maximum economic compensation, but the court to the supreme law relevant to explain by refused the request. I also check the relevant judicial interpretations of the Supreme People's Court on, "provisions of criminal incidental civil litigation" scope of the first human rights by criminal violations suffered material losses or property damaged by criminals has suffered material losses, may file an incidental civil action. So, because of fraud crime is the property of the party, and this property is in money for the transfer of ownership of performance, not equal to the judicial interpretation of the provisions of property destruction by criminals has suffered material losses, may file an incidental civil action and the provisions of the parties, by the spirit damage is often not to death, insanity or other serious consequences, is not in line with the judicial interpretation of the provisions of human rights by criminal violations suffered material losses, so, the court for fraud cases are often not accepted the request of supplementary civil action in criminal proceedings. Just agree with the victim to appear in court, the court on the defendant fraud property to be recovered, after recovered or restitution still cannot make up for the loss of the victims, and to protect their own interests through to the people's court civil court to file a separate civil procedure.

    So it is easy to cause the loss of the victim, the victim's identity is very embarrassed, because it is not the identity of the plaintiff, he is merely a criminal case victim,'s Procuratorate filed fraud amount is often inconsistent with the victim's actual loss, the victim cannot pass through the procuratorate to achieve full recovery purposes, and once the first instance judgment does not conform to the law, the victim no appeal rights, only through the proposal's appeal to protect their own interests, completely in a passive position, and once the defendant was sentenced to a punishment, the victim to the people's court civil court shall file a civil lawsuit, the need to pay the cost and the time costs are often large, could be heard in the a case in the case, is divided into two parts: the two trial, the judicial interpretation that can only be a should modify the law.

"The Supreme People's Court on the provisions of criminal incidental civil litigation" scope of the Supreme People's Court on December 4, 2000 the 1148th meeting of the judicial committee, is hereby promulgated, shall enter into force as of December 19, 2000.
　Two in 2000 to December 13th

　

According to the relevant provisions of the criminal law article thirty-sixth, article thirty-seventh, article sixty-fourth and article seventy-seventh of the criminal procedure law, the scope of the provisions of this problem of incidental civil action:

Article 1 personal rights by criminal violations suffered material losses or property damaged by criminals has suffered material losses, may file an incidental civil action.

For crime victims by the spirit of losses suffered an incidental civil action, the people's court shall not accept the.

From the second crime victims by the material loss, refers to the actual loss due to crime has suffered and the inexorable loss.

Article third the people's Court of the incidental civil lawsuit, in accordance with the law after the verdict, the defendant has no property available for enforcement, shall order the suspension or termination of execution.

Article fourth the defendant has compensation for material losses of victims, the people's court may be considered as the circumstances of sentencing.

The fifth criminals, illegal possession, disposal of the property and the suffered material losses, the people's court shall be recovered or ordered to return. To be back, restitution, the people's court may be considered as the circumstances of sentencing.

After recovered or restitution still can not make up for the loss, the victim to the people's court civil court shall file a civil lawsuit, the people's court may accept.

   For the punishment of fraud and criminal activities in accordance with the law, according to the "PRC Criminal Law" (hereinafterReferred to as the "criminal law") and "decision of the Standing Committee of the National People's Congress on punishing the crimes of Disrupting Financial Order" (hereinafter referred to as the "decision") the relevant provisions, the several concrete problems in hearing fraud cases are interpreted as follows:
    One, according to the provisions of article 151st and article 152nd "criminal law", large amount of public or private property by fraud, crime of fraud.
    Individual fraud of public or private property of 2000 yuan of above, belong to "a large amount of public or private property"; individual fraud 30000 yuan of above, belong to "a huge amount of". 
    Individual fraud of public or private property of 200000 yuan of above, belong to a huge amount of fraud. An important part of a huge amount of fraud crime of fraud is that "if the circumstances are especially serious", but not the only plot. The amount of fraud in 100000 yuan of above, but also has one of the following circumstances, It should be recognized as "the circumstances are especially serious":
    (1) the first molecular scam serious or common principal in the crime of fraud;
    (2), or from one place to another serious;
    (3) fraud legal persons, other organizations or individuals in urgent need of the production data, serious impact on Students Producing or causing other serious losses;
    (4) fraud, rescue, flood control, disaster relief, relief, preferential medical material, resulting in seriousConsequence. 
    (5) waste fraud property, resulting in fraud property cannot be returned;  
    (6) the use of fraudulent property are illegal and criminal activities;
    (7) had been subjected to criminal punishment for fraud;
    (8) resulting in the victim's death, insanity or other serious consequences;
    (9) has other serious circumstances.