The people's court for criminal incidental civil lawsuit scope of problems, the Supreme People's court "about the provisions of criminal incidental civil litigation" range of first has been clearly defined, namely: personal rights crime has suffered material losses or property damage 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. Therefore, for the victims to their personal rights by criminal violations, which suffered material losses, but also suffered from mental loss on grounds of incidental civil action, the people's court shall on the physical loss of part of the incidental civil litigation request trial, on the spirit of the loss of part of the collateral civil proceedings shall not be accepted.

 The Supreme People's court "about the provisions of criminal incidental civil litigation" range of first clearly stipulates: 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. Therefore, the people's court in the trial of criminal incidental civil lawsuits, the crime victims by the spirit of losses suffered. The supplementary civil action, shall refuse to accept. The provisions of the judicial interpretation of criminal incidental civil action is the issue of the scope of, and "about the problems of defining the civil right infringement spirit damage compensate responsibility" is the interpretation of provisions of civil tort cause mental damage, there is no contradiction between the two.

   According to the Supreme People's Court on July 15, 2002 "whether the people's courts handle criminal cases because the victim suffers the loss of the spirit of the accused an incidental civil action, or concluded in the criminal case, the victim shall claim for compensation for mental damages in civil litigation, does not constitute a related crime, and belongs to the civil tort, the victim to civil court the trial court claim for compensation for mental damages, the people's court shall accept.

 The Supreme People's court 'reply' about whether the people's courts handle criminal cases victim of civil litigation subject: for victims in criminal cases as criminal acts of the defendant suffered loss of the spirit of an incidental civil action, or concluded in the criminal case, the victim shall compensation for spiritual damages civil do as one pleases, the people's court shall not acceptance. "According to the letter of approval shall, after concluded in a criminal case, the victim to the same fact file a civil suit for compensation (including mental damages), to request the spirit damage compensate them, the people's court shall not support.