One, the new criminal procedure law on the incidental civil action to modify what changes?
　The revised criminal procedure law seventh chapter of part of incidental civil lawsuit provisions, from the original two expansion for4Strip, mainly in the"Three increase"On the. That is:The victim's death or incapacity, his legal representatives, near relatives shall have the right to file an incidental civil lawsuit; plaintiff in incidental civil action or the people's Procuratorate may apply to the people's courts to take preventive measures; the people's Court of the incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling.
What are the two, the scope of compensation in incidental civil action?
　The new criminal procedure law article99The victim has suffered because of the provisions of the criminal acts of the defendantMaterial lossAnd, in the process of criminal proceedings, shall have the right to file an incidental civil action. This actually maintain the existing judicial interpretation of the provisions, but there are still some key problems need to be clarified:
First.Here"Material loss"Does not include illegal possession, dispose of the property and the physical damage to the criminals.According to the2000The Supreme People's court "about criminal incidental civil litigation scope" (hereinafter referred to as "Regulations" provisions),"Material loss"Refers to the personal rights are the crime of infringing material losses suffered by criminals or property damage and physical damage to the. Suffer from crime victims by the material loss, refers to the actual loss due to crime has suffered and the inexorable loss.While in the theft, fraud and other crimes against property for the purpose of illegal possession of the victim, criminal illegal possession, dispose of the property material losses suffered only according to criminal law article64The provisions shall be confiscated or ordered to return, and the incidental civil action can not be directly compensated by the.
Secondly.Here"Material loss"Does not include compensation for spiritual damage.According to the "Regulations" for crime victims by the spirit of losses suffered an incidental civil action, the people's court shall not accept the. The new criminal procedure law article99A still uses"The victim has suffered material losses as a result of the defendant's criminal act"Way of expression, not the compensation for spiritual damage included.
　Finally, here"Material loss"Does not include compensation for death or death compensation.Death compensation, death compensation has its particularity, as early as in1991The State Council promulgated the "road traffic accident treatment measures" article36On the provision of damages include death compensation. But according to the "Regulations" and2001Provisions of the Supreme People's court "about the year the problems of defining the civil right infringement spirit damage compensate responsibility explanation", compensation for death metal for mental injury solatium, not included in the scope of criminal compensation in incidental civil action.
What are the preservation measures three, incidental civil lawsuit?

The new criminal procedure law article100The construction of the class two preservation measures:The first class is in accordance with the measures for the preservation of authority,The people's court when necessary, can take preservation measures, seizure, seizure or freezing the property of the defendant;The second class is in accordance with the measures for the preservation of the application,The plaintiff of the supplementary civil action or the people's Procuratorate may apply to the people's courts to take preventive measures.
Four, incidental civil lawsuit can through mediation?
　　In the supplementary civil proceedings, the people's court verdict, ruling in addition, whether through mediation, judicial interpretation has been given a clear answer. "The Supreme People's Court on the implementation of<The criminal procedure law of the people's Republic of China>A number of issues of interpretation "of article96The provisionsThe incidental civil lawsuit, in addition to the people's Procuratorate filed, can mediate.Mediation shall be based on the voluntary and legally, if an agreement is reached through mediation, the judges shall timely mediation, the mediation by the parties signed the law.The new criminal procedure law article101The regulations of the people's Court of the incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling.This article defines the mediation can be used as one of the people's court case of criminal incidental civil lawsuit, and the mediation agreement has the legal effect, should be observed as the parties. According to the criminal supplementary civil compensation part of the mediation, the biggest advantage is easy to obtain the approval.Because get the victim's forgiveness is a discretionary circumstances of sentencing the defendant to receive a lighterThe defendant and his family, will have more power to compensate victims of material damage, which is more beneficial results on both sides, can better resolve social contradictions, implement the criminal policy of combining punishment with leniency, maintaining the unity of legal authority and the judicial.

 

Criminal procedure law.

Article ninety-ninth The 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. 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.

　Article 100th The people's court when necessary, can take preservation measures, seizure, seizure or freezing the property of the defendant. Plaintiff of the supplementary civil action or the people's Procuratorate may apply to the people's courts to take preventive measures. The people's courts to take preventive measures, the relevant provisions of the civil procedure law applicable.

　Article 101st The people's Court of the incidental civil lawsuit, mediation may be conducted according to the material loss, or judgment, ruling.

　　Article 102nd Incidental civil action shall be heard together with the criminal case, only in order to prevent the excessive delay in the trial of criminal cases, can in the trial of criminal cases, the same judicial organizations continue to hear the incidental civil action.

"Criminal law judicial interpretation" sixth chapters on incidental civil litigation

Article 138th The victim's personal rights or property by criminal violations by criminals destroy has suffered material losses, have the right to file an incidental civil action in criminal proceedings; the victim's death or incapacity, his legal representative, close relatives shall have the right to file an incidental civil action.

Because of the crime of infringing, file an incidental civil action or take a mental compensation requirements of civil proceedings, the people's court shall not accept.

Article 139th The accused of illegal possession, dispose of the property, shall be recovered or ordered to return. The victim to file an incidental civil action, the people's court shall not accept the. Recovered, restitution, can be considered as the plot.

Article 140th Workers of state organs in exercising their functions and powers, infringe the personal, property rights constitute a crime, the victim or his legal representative, close relative to file an incidental civil action, the people's court shall not accept the application, it shall inform the can apply for state compensation in accordance with the law.

Article 141st The people's courts handle criminal cases, the criminal procedure law and the ninety-ninth to explain the 138th prescribed in the first paragraph, can inform the victims or their legal representatives, near relatives shall have the right to file an incidental civil action.

Have the right to file an incidental civil lawsuit people give up litigation rights, it shall be allowed, and record.

Article 142nd State property, collective property suffer a loss, loss of entity fails to file an incidental civil action, the people's Procuratorate in the prosecution file an incidental civil action, the people's court shall accept.

The people's Procuratorate files the supplementary civil action, shall be listed as the plaintiff of the supplementary civil action.

The accused of illegal possession, disposal of state property, collective property, shall be dealt with in accordance with article 139th of this interpretation.

Article 143rd Incidental civil action shall be liable for compensation includes:

(a) the other joint infringement of criminal defendants and not to be investigated for criminal responsibility;

(two) the defendant's guardian;

(three) the death penalty criminals inheritance;

(four) in a case of joint crime, the defendant the conclusion of the case before the death of the inheritance;

(five) the material loss shall be in accordance with other units and individuals shall bear the liability for compensation.

Defendant or voluntary for compensation, shall be permitted to.

Article 144th The victim or his legal representative, close relative only part of the common people to file an incidental civil action, the people's court shall inform the other party of the common, including not be held criminally responsible co infringer,In conjunction with the lawsuit, but in a case of joint crime accomplice escaped except.

The victim or his legal representative, close relatives of the other joint infringement of people give up litigation rights, the people's court shall inform the corresponding legal consequence, and explained in the judgments of the waiver of claims.

Article 145th Incidental civil action is:

(a) the prosecution in accordance with the statutory conditions;

(two) the defendants have clear;

(three) the specific requirements of a claim for compensation and the facts, reasons;

(four) belonging to the people's court accepts the range of supplementary civil action.

Article 146th A case of joint crime, accomplice escaped, should not be listed as the defendant. To escape the accomplice in custody, the victim or its legal representative, close relatives may file an incidental civil action on it, but from other common criminals get full compensation except.

Article 147th Incidental civil action shall be filed in the criminal cases timely filed.

Incidental civil litigation shall submit the supplementary civil indictment.

Article 148th During the investigation, prosecution, have the right to file an incidental civil action man claims, mediation by the people's Procuratorate, public security organ, the parties have reached an agreement and perform all the victim or his legal representative, close relative, and file an incidental civil action, the people's court shall not accept the case, but there is evidence to prove that the mediation violates the voluntary, except the principle of legality.

Article 149th The victim or his legal representative, close relative to file an incidental civil action, the people's court shall decide within seven days on whether to put on record. In accordance with the criminal procedure law and the relevant provisions of article ninety-ninth of this interpretation, should be dealt with; do not meet, ruled inadmissible.

Article 150th The people's court accepts the incidental civil lawsuit, shall within five days will be incidental civil indictment copy to the defendant or his legal representative, or will notify the defendant or his legal representative oral complaint content, and making a record.

The people's court civil indictment copy, shall, according to the criminal trial period, the defendant and his legal representatives Incidental Civil Pleadings submitted to the time.

Article 151st Incidental civil litigation parties to submit their ideas, have the responsibility to provide evidence.

Article 152nd The people's court may because of the acts of the defendant or other reasons, the incidental civil judgment is difficult to carry out the case, according to the plaintiff of the supplementary civil action application, can be ruled the preservation measures, the seizure, seizure or freezing the property of the defendant; incidental civil lawsuit plaintiff fails to apply, when necessary, the people's court can the preservation measures.

Have the right to file an incidental civil action because of the urgency of the situation, do not immediately apply for the preservation of its lawful rights and interests will suffer irreparable damage, may file an incidental civil action to be preserved before, the place where the property is located, the respondent of residence or to the case comes under the jurisdiction of the people's court for the preservation measures. Applicants with in the people's courts handle criminal cases after fifteen days without instituting civil proceedings, the people's court shall cancel the preservation measures.

The people's courts to take preventive measures, the relevant provisions of the civil procedure law is 100th to 105th, except for the provisions of the civil procedure law 101st section third.

Article 153rd The people's Court of the incidental civil lawsuit, mediation may be conducted on a voluntary, legal principles. If an agreement is reached through mediation, conciliation statement shall be made. Mediation by the parties shall sign, which have the force of law.

The mediation agreement and instant performed, can not make a mediation record, but the written record shall be made by the parties, the signature, the judges, the clerk or sealed the law.

Article 154th If no agreement is reached through conciliation or mediation before signing receipt of Party estoppel, incidental civil action shall be decided together with the criminal litigation.

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 compensation, it shallMedical expenses,Nursing fee,Traffic expenseThe reasonable expenses paid for treatment and rehabilitation, as well as theBecause of the lost wages. If the victim is disabled, should also beFor disability AIDS feesCosts; causing death to the victim, should also be compensationFuneral expensesCosts.

The casualties caused by driving a motor vehicle or cause heavy losses to public or private property, which constitutes a crime, to determine the compensation responsibility in accordance with the "Regulations of the people's Republic of China Road Traffic Safety Law" article seventy-sixth.

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.

Article 156th The people's Procuratorate files the supplementary civil action, the people's court, that the defendant shall bear the liability for compensation according to law, shall be ordered to make compensation for the defendant directly to the losses suffered by the unit; the losses suffered by the unit has been terminated, have the rights and obligations of successors, shall order them to the successor make amends for; have no rights and obligations successors, shall order them to the people's Procuratorate to compensation, the people's Procuratorate shall be turned over to the state treasury.

Article 157th The trial of civil suit collateral to criminal proceedings, the people's court shall combine the defendant compensation for the victim's material loss recognized their repentance, and to be considered in the measurement of penalty.

Article 158th Plaintiff of the supplementary civil action after the subpoena, refuses to appear in court, or midway without permission by the court adjourned, shall be considered as withdrawn.

Outside the criminal defendants defendants of incidental civil lawsuit by summons, refuses to appear in court without proper reason, or midway without permission by the court adjourned, incidental civil part may make a judgment by default.

Article 159th Incidental civil action shall be heard together with the criminal case, only in order to prevent the excessive delay in the trial of criminal cases, can in the trial of criminal cases, the same judicial organizations continue to hear the incidental civil action; organizational justice one really can not continue to participate in the trial, can be replaced.

Article 160th The people's court prosecution case the defendant's conduct did not constitute a crime, to have an incidental civil action, reach an agreement after mediation can not, shall make criminal incidental civil judgment.

The people's court, the people's Procuratorate of public prosecution to withdraw the prosecution, to have an incidental civil lawsuit, mediation may be conducted; not mediation or the mediation can not reach an agreement, it shall reject it, and inform the plaintiff of the supplementary civil action may bring a civil action shall be.

Article 161st The first trial period did not file an incidental civil lawsuit, filed in the second period, the people's Court of second instance may conduct mediation in accordance with the law; if the mediation fails, the parties may inform the criminal judgment, ruling after the entry into force shall file a civil lawsuit.

Article 162nd The people's Court of the incidental civil lawsuit, not charge litigation fees.

Article 163rd The people's Court of the incidental civil lawsuit, in addition to the criminal law, criminal procedure law and the judicial interpretation of criminal law has prescribed, apply the relevant provisions of civil law.

Article 164th The victim or his legal representative, close relative in the criminal prosecution process fails to file an incidental civil action,Bring a civil action shall be separately, the people's court may conduct mediation, or make a judgment on the basis of material loss.