Guangdong Provincial Higher People's Court on the trial of civil suit collateral to criminal proceedings

Directive opinion of some problems (for Trial Implementation)

 

(high method (Guangdong

2008

)

36

No.,

2008

Years

10

Month

13

Day)

 

 

In order to correctly judge civil suit collateral to criminal proceedings, the people's Republic of China on the basis of "punishment

Method "

,

"Criminal Procedure Law of the people's Republic of China"

,

"General rule of the civil law"

And the Supreme People's court "on the implementation of 'the criminal procedure law of the people's Republic of China some asked'

Question interpretation "

,

"Some issues concerning the application of law in the trial of personal injury compensation case explanation"

And other relevant provisions of judicial interpretation, in combination with the judicial practice, put forward the following opinions:

  

Article 1

  

Mention the range of supplementary civil case include:

The personal rights are crimes

For violations of physical damage to the property by the criminal damage or physical damage to the.

 

The crime of illegal possession,

Disposition victim property caused material losses brought attached

Civil action, the people's court shall not accept the.

 

Article second

  

For disabled victims advance medical expenses, funeral expenses, nursing fees, fees, nutrition

People living allowances for an incidental civil action

,

The people's court shall not accept the case; but on the other

For instituting civil proceedings, the people's court shall accept the case.

  

Article third

  

Willing to bear the liability for civil compensation case should not be listed as an incidental civil action

Litigation defendant.

 

In the common crime,

The victim was first arrested the defendant filed a supplementary civil action,

On the run

Co suspects should not at the same time as the defendant in litigation.

 

Article fourth

  

The guardian of the victim's name to file an incidental civil action,

And to participate in the litigation in legal agent identity.

The defendant's guardian of incidental civil action

In accordance with the law is liable for the people,

Should be based on the legal representative and the defendant

Participate in litigation.

 

Article fifth

  

The people's courts handle criminal cases after,

Should inform the victim,

The victim has died

One's relatives,

Incompetence or limited capacity the victim's legal representative

  

2

Since the incidental civil lawsuit right, way, litigation risk, investigation, prosecution stage has told

Except.

 

Article Sixth

  

Plaintiff of the supplementary civil action only some claim or request

The amount of compensation is obviously lower than the statutory compensation amount,

The people's court shall submit to the plaintiffs of the supplementary civil action

One interpretation of statutory compensation type, standard and content, and record.

 

Article seventh

  

Incidental civil cases, the people's court to deal with incidental civil

Procedure of mediation before litigation, trial and sentencing served before the case can be adjusted again

Solution.

Mediation may refer to the principle and procedure of civil litigation mediation.

Should the parties to the mediation

Rights, mediation consequences, legal interpretation of mediation, and the related facts and mediation,

The law, judicial interpretation, and puts forward suggestions to mediation, the mediation agreement and perform.

 

Voluntary application of parties,

The case has a mediation agreement is possible,

It may be appropriate to extend the tone

The term solution.

 

The part of incidental civil lawsuit mediation agreement is reached and the actual performance,

The defendant decided

A lighter punishment.

 

Article eighth

  

The defendant was sentenced to life imprisonment or criminal incidental civil lawsuit over

Piece,

According to the actual compensation capacity and other factors,

In accordance with the law to determine their should bear

The civil liability for compensation;

The defendant is no personal property for compensation,

Yes

The defendant may not

To bear civil liability for compensation.

 

Article ninth

  

Because of the common crime an incidental civil action,

Should refer to the defendants in a co

With the crime status, confirm should bear the civil liability of each defendant size,

But the minor, surrender,

Meritorious service, recidivism plot as the defendant shall not share the civil compensation

Compensation liability basis.

 

Tenth in the common crime,

The first was the defendant filed a supplementary civil action,

The first

After the defendant compensation for the victim's total economic loss.

Plaintiff of the supplementary civil action procedure for

After the arrest the defendant and shall file an incidental civil action,

The first defendant in judgment recognition

People should bear all the amount of compensation range,

By the defendant shall bear joint and several liability for justice

Ren.

 

3

Article eleventh

  

Employees engaged in employment activities in the damages caused by the crime,

The employer shall bear

Be liable for.

 

Not to conclude a written employment contract,

But with one of the following cases can be identified as engaged

Mercenary activities:

 

(a) the employer or employees authorized instructions within the scope of the implementation of the line

For the;

 

Two.

Employees work in time,

The implementation of work place and perform their duties within the scope of a

Other acts of internal connection;

 

(three) the implementation of employee employer interests;

 

Four.

Employees use to perform their duties and perform their duties with tools for the implementation of internal relations

Behavior.

 

Employees in the hiring process,

The implementation of the behavior and engaged in employment activities irrelevant,

Incidental civil

Civil litigation liability borne by himself.

 

Article twelfth

  

At the time of the crime,

Have one of the following conditions of rural residents is

Harm, in incidental civil action can calculate the amount of compensation in accordance with the standard of compensation for urban residents:

 

(a) the victim has been in town to buy commercial housing and the actual residence;

 

(two) the parents, spouses, children in the town purchased by the victim in the house

Housing for living

1

Years or above;

 

(three) the victim in urban rental housing

1

Years or above, and have a stable income;

 

Four.

The victim has to fulfill the labor contract in the town

1

Years or above;

Or the victim has been continuously

Pay industrial injury insurance

1

Years or above;

Or the victim in the urban business

1

Years or above,

And provide paid

Nano phase duties, fees valid certificates can be identified, the major source of revenue for the town;

 

(five) issued by the public security organs of the temporary residence permit or residence permit such victims living in cities and towns

1

Years or above;

 

Six.

Other evidence that the continuous

1

The main life years,

Consumption

In the town.

 

 

4

Article thirteenth

  

Plaintiff of the supplementary civil action does not provide evidence,

But it does happen

The cost of transportation, accommodation, lost income losses, as appropriate by the defendant compensation.

 

The victim's death,

Their close relatives for the funeral expenses of the transport,

Get accommodation

Costs, delay costs according to the actual number of calculation, but not more than three. Transportation fees in accordance with the train, steam

Common transport car calculated by recent round-trip journey.

Late fees in accordance with the Supreme People's court

"Some issues concerning the application of law in the trial of personal injury compensation case explanation"

Article twentieth

The death compensation standard victim delay costs are calculated,

The delay time according to worker Ben

His vacation days shall determine.

Accommodation for the reference by the seat of the court of the state organs and the general

Travel of staff accommodation standard calculation.

 

Article fourteenth

  

Incidental civil litigation proceedings,

All the expenses involved in compensation

According to a statistics annual Guangdong Provincial Bureau of statistics released by the court of first instance before the end of the debate

Implement standard.

 

Article fifteenth

  

The incidental civil lawsuit should be in the judgment, stating that the following contents:

 

(a)

In addition to the victim for my situation,

Other plaintiffs of the supplementary civil action status

The basic situation and the plaintiff and the victim's identity relationship;

 

Two.

The defendant incompetence or limited capacity and the guardian's identity

Relationship;

 

Three.

Types of criminal behavior caused by the loss of plaintiff of the supplementary civil action under the

The facts and evidence and the amount of;

 

(four) calculation results, calculation method, the specific standard of compensation;

 

Five.

The defendant to bear all or part of the liability for compensation,

Or do not assume liability to pay compensation

Evidence and reasons;

 

(six) the share and the reasons the defendant shall bear the liability for compensation in the common crime,

But it is difficult to partition except for the specific share;

 

(seven) the defendant bear the way and deadline to fulfill civil liability.

 

The article (a) to (three), should be in ascertaining the facts stated in part (four)

To (seven), shall be specified in the decision reason part.

 

 

5

Article sixteenth

  

This opinion issued since the date of trial,

The idea has been tried before the announcement of a

The provisions do not apply to the case.

The opinions and national laws,

Regulations and judicial interpretations inconsistent,

In accordance with laws, regulations and judicial interpretations content execution.