15, plaintiffs of the supplementary civil action appeal beyond the incidental civil action range of how to deal with?

Answer: while the main subject to prosecution, but not proof, insufficient evidence, no basis in law or the material loss is not a criminal defendant behavior, as well as to the criminal defendant should not assume liability to pay compensation in the incidental civil action of the loss in a lawsuit, should be in the criminal supplementary civil judgment "in the that" part of the presentation will not support the reason, and in the text part rejected the plaintiff of the supplementary civil action related to the content of claims.

　　16Other people, plaintiffs of the supplementary civil action and prosecution of criminal defendants outside shall bear civil liability for compensation, the court held that the court shall decide whether or not to prosecute, the criminal defendants should be incidental civil action litigant, and litigation documents to them?

Answer: because the prosecution dismissed the ruling may influence the criminal defendant substantive rights, it should also list of criminal defendants Artificial Supplementary Civil Action litigants, and served on the prosecution dismissed the ruling to the.

　　17After the withdrawal of prosecution, prosecution, with how to deal with the problem of civil litigation?

Answer: before the judgment is pronounced, the prosecution to withdraw the prosecution and the court ruling allowed, can inform the plaintiff of the supplementary civil action civil lawsuit otherwise; if it does not adhere to the withdrawal and not through the mediation of the solution, to have an incidental civil action, the court rejected the prosecution can.

　　18In the case of public prosecution, the court shall declare the innocence of the defendant when the criminal incidental civil litigation, how to deal with the problem?

Answer: for the plot remarkable slight harm is little, do not think it is a crime; or the defendant has no criminal responsibility of individuals and not bear criminal responsibility, the problem of compensation for material damage caused by the supplementary civil action procedure to solve the criminal defendant behavior is still, but the plaintiff of the supplementary civil action initiative withdrawn except.

The facts are not clear and the evidence is insufficient, cannot recognize the criminal defendant guilty and a judgment of acquittal, should the court rejected the plaintiff of the supplementary civil action.

　　19The first instance verdict, before the plaintiff of the supplementary civil action of death and how to deal with?

Answer: the first sentence of plaintiff of the supplementary civil action of death, shall notify the dead plaintiff of the supplementary civil action heir to participate in litigation; if the plaintiff of the supplementary civil action without an heir or his successor waives the right to litigate, shall terminate the incidental civil action.

　　20, plaintiffs of the supplementary civil action after the appeal in the second period of increased litigation request or the defendant files a counterclaim on how to handle?

Answer: the trial court according to the civil part of the appeal case, the plaintiffs to increase independent claims and the matters of new proposed to increase the amount of compensation or the defendant files a counterclaim, the court of second instance can the parties on a voluntary basis on the new claim or counterclaim and compensation for mediation; mediation is not a civil lawsuit, inform the parties otherwise.

On the plaintiff in the first instance during the litigation request scope requirements increase the amount of compensation, if the increase in the amount of compensation system had occurred, shall make a judgment on the plaintiff side; in the first instance has claim, the court has not been tried or judgment, the court of second instance may conduct mediation according to the principle of voluntary participation of the parties, mediation is not successful, remand. The remand of the ruling shall not listed in additional party.

　　21On appeal, the criminal supplementary civil, if the civil part of the facts are not clear, how to apply the law retrial?

Answer: incidental civil part is solved in the course of criminal proceedings problems, therefore remanded to the court for retrial decision, shall refer to the provisions of the criminal procedure law, without reference to the relevant provisions of the civil procedure law. In the incidental civil part remanded by the court ruling, the incidental civil action of the appellant, ranked first in the.

　　22, only the plaintiff of the supplementary civil action appeal, and the second review decisions, incidental civil part of criminal retrial rehearing, part of the instruction, the trial court to trial?

Answer: the judgment of first instance declared criminal supplementary civil case, the defendant does not appeal to criminal judgment, procuratorate did not protest, only the plaintiff of the supplementary civil action caused by the appeal procedure of second instance, a criminal judgment of first instance occurred in the appeal after the expiration of the legal effect. But in order to correctly identify civil liability, the court of second instance not only investigate the incidental civil part, also want to review the criminal part, and make the incidental civil part. If the review decisions of incidental civil ruling retrial part, to the criminal part reviewed that the original inappropriate, decided according to the procedure for trial supervision instruction court retrial, the trial court can serve as a case in accordance with the procedure for trial supervision, the re trial, and explain the source of cases in the retrial verdict.

For the criminal part already effective supplementary civil action case, because of the criminal defendant still need to participate in the litigation as a trial of defendants of incidental civil lawsuit, in order to facilitate the trial, before the incidental civil action pending in the second, may postpone delivery.

　　23Supplementary civil case, sentenced to death the criminal, the criminal defendant did not appeal, plaintiffs of the supplementary civil action filed an appeal, court of second instance is the review procedures, or procedure of second instance trial?

Answer: incidental civil action litigant case of incidental civil part of the decision to have the right of appeal, but not to the criminal part of the case the right of appeal, the plaintiff of the supplementary civil action appeal, will not cause the criminal procedure of second instance, the case still should according to the death penalty review procedure for trial. In view of the case turns out to be a criminal supplementary civil case, according to the relevant provisions of the criminal procedure law, criminal cases and civil cases can also be treated separately, still the original review of the case of the collegial panel trial of incidental appeal civil part of the.

Five, about the incidental civil lawsuit mediation

　　24How to treat and handle, the mediation of supplementary civil action case in criminal trial?

Answer: (1) incidental civil lawsuit by mediation process, is to protect the victim's civil rights, effective way to achieve the node. So, the courts at all levels should always attach great importance to the use of mediation means, properly handle cases of disputes, and promoting social harmony. For interest groups or a large number of cases, strong sensitivity, a high degree of social concern cases, serious emotional opposition parties in cases, and the related laws and regulations is not specified or not clear case, should strengthen the mediation.

(2The defendant sincere repentance) were willing to compensation, can mediate way to reach a compensation agreement. The amount of compensation for the families of the defendant and voluntarily or through mediation to reach a compensation agreement is higher than the actual loss, should be allowed to.

(3) for the defendants do not have the full capacity of compensation, the defendant relatives or unit to give compensation, should allow, can be regarded as the defendant to the victim compensation.

(4) the defendant has paid for the victim's loss, the court may consider the discretion in sentencing. For minor criminal cases, if the work, the defendant plead guilty, willing to compensate the victim's loss, and obtain the victim understanding, so as to reach a settlement agreement, the defendant may be given a lighter sentence of non imprisonment punishment or exempted from criminal punishment.

　　25Preside over the mediation and conciliation agreement, should pay attention to what matters in the criminal with civil trial work?

Answer: (1) mediation work shall adhere to the principle of the equality of litigant voluntary principle, can not be forcibly mediation.

(2The parties to the mediation program). By the request of the parties, the court may also put forward for the parties to the mediation program, but shall not make any commitments on the criminal judgment.

(3) conciliation agreement, the court shall examine the contents of the mediation agreement. Against the national interests, social public interests on the mediation agreement, against the interests of an outsider, beyond the party's right of disposition scope, contrary to the true meaning of the parties, as well as the violation of laws, administrative regulations, provisions, shall not be recognized.

(4) the mediation agreement, in addition to confirm the parties shall set forth the facts and to perform the agreement time, location, time limit, to allow both sides to reach an understanding and criminal record. The court should be the criminal verdict, make positive evaluation, compensation behavior to the defendant, and expounds the effect on the sentencing of the.

The murder has actively compensate mitigating circumstances without immediate implementation of the death penalty, should highlight the influence of other lighter punishment on the sentencing verdict, desalination lighter compensation reasons, to avoid adverse social impact.

(5The amount of compensation for mediation) confirmed, should in general be parties to reach a voluntary agreement, and has the actual performance principle. If the defendant claims in the knowledge that the amount is too high and they do not have to perform the ability, still reach the deadline to fulfill the mediation agreement and the victim, the court should be the application of judgment on the identified.

(6The parties agree to signatures) in the mediation agreement or sealed by the court, upon examination and confirmation, shall be recorded in writing or the agreement attached, and the parties concerned, the judges, the clerk signature or seal that has legal effect. The request of the parties, the court mediation, conciliation statement shall be made to the party. Reach an agreement of mediation and the court is executed, can not mediation. The rejection of mediation, the mediation agreement shall not affect the validity of the.

(7) after the mediation agreement cannot be reached in the mediation agreement and the parties sign or seal of estoppel, the court shall be decided on the incidental civil action.

　　26, the parties to reach a mediation agreement and the actual performance, the victim also file an incidental civil action and how to deal with?

Answer: after review, if a mediation agreement has the actual performance, and the amount of compensation and the actual losses equivalent to or higher than the actual loss, should be recognized the validity of the agreement, decision to dismiss the victim's litigation request; if the amount of compensation to determine the mediation agreement with the actual loss of significant gap is too large, the actual economic loss should be convicted the accused man compensation for the victim, and deduction has fulfilled its part; if the mediation agreement shall not be confirmed with the circumstances, to reach a mediation agreement or the applicable judgment.

　　27In the process of mediation, can first be accept defendants and their relatives to pay compensation?

Answer: in the process of mediation, victim compensation in the higher requirements of the situation, the objective existence of compensation difficulty, or disagree with unreasonable requirements of each other, but says it is willing to pay a certain amount of compensation, the court can receive, and as the defendant sentencing discretion.

　　28In the second trial, the defendant during the period of active compensation, which can change a criminal judgment of first instance?

Answer: the defendant active compensation in the second period, reflecting the defendant to compensate for the loss, sincere repentance attitude, if made the victim of forgiveness, a lighter punishment helps reduce social confrontation, promoting social harmony. But, according to whether a criminal judgment of first instance, the amount of compensation should be comprehensive, first instance does not perform the obligations of compensation of the actual situation, the defendant's criminal damage and penitence degree, whether the victim understanding and other factors, a comprehensive consideration, prudent judgment, to avoid improper to civil compensation as the only factors decide whether to change.