"The Supreme People's Court on the provisions of criminal incidental civil litigation" range of

"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.