The Supreme People's court, the Supreme People's Procuratorate


Notice of the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security on the trial of cases of economic disputes in economic crime must be promptly transferred

In March 11, 1987, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security


The provinces, autonomous regions, municipalities directly under the central government, the Supreme People's court, the people's Procuratorate, public security department (bureau), PLA military court, military procuratorates, courts, railway transportation, railway transportation procuratorate:
At present, the people's courts at all levels found in economic crime problems in the cases of disputes over economic trial, still very prominent. According to Hunan Province in 1986 January to 5 at the end of the statistics, the people's courts at all levels in cases of disputes over economic trial, found that there are four hundred and sixty-four cases of economic crimes, which cannot be transferred out of the account for twenty-four point eight percent, resulting in a number of serious economic criminals will not be punished. In order to effectively crack down on economic crime, the following notice:
(a)The Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security toOn August 19, 1985 jointly issued "on the timely investigation found in cases of economic disputes in economic crimes in the notice" pointed out: "the people's courts at all levels in cases of disputes over economic trial, if found to have economic crime, should be in accordance with the December 15, 1979 the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security" jurisdiction on the implementation of the provisions of the criminal procedure law cases notice ", the relevant materials of economic crimes were transferred to the jurisdiction of the public security organs or the prosecution investigation, prosecution, the public security organ or procuratorial organs shall timely accept." In this regard, the public security, procuratorial organs at all levels should be strictly enforced, not mutually making excuses, passing.
Two.The people's courts at all levels in the trial of cases of economic disputesIf found, economic crimes, should be promptly transferred to the.
(three) the people's court in the trial of cases of disputes over economic, economic crime, the general should be economic crime and economic disputes the case, in accordance with the"Criminal Procedure Law" article fifty-third and article fifty-fourthIn accordance with the provisions of the.If the economic disputes and economic crime must separate trial, or economic dispute case by case and found that economic crime, economic crime can only transfer the part.
For the public security, procuratorial organs investigation, clear criminal facts, still need to separate trial, economic disputes should be returned to the people's court to continue hearing.
(four) for the cases of economic crime, some places have jurisdiction, or jurisdiction of uncertainty, the people's court in accordance with the provisions of the criminal procedure law article nineteenth, article twentieth and article twenty-first, to which a competent public security organs or the procuratorial organ, people's court at a higher level or the newspaper has the right to after confirming the transferred designation of jurisdiction.
(five) the people's courts at all levels, public security organs and procuratorial organs, if on whether or not to economic crime in the nature have different opinions on the cognizance, should try to negotiate. If no agreement is reached through consultation, if the party politics and Law Committee coordinated, to unify the understanding,The timely processing.

Annotation: the old criminal law --"Criminal Procedure Law" article fifty-thirdRegulations:"The victimBecauseDefendantCriminal behaviorHas suffered material losses. In criminal proceedings, shall have the right to file an incidental civil action".

         The new Criminal Procedure Law > <Article seventy-seventh[incidental civil lawsuit] 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.
if is state property, collective property losses, the people's Procuratorate to initiate a public prosecution, may file an incidental civil action.
The people's court when necessary, and may seal up or distrain the defendant.
    "The Supreme People's Court on the implementation of<The criminal procedure law of the people's Republic of China>Interpretation of several issues "
eighty-fourth people's courts handle criminal cases, can inform suffered material losses due to crime victims (citizens, legal persons and other organizations have died), a close relative of the victim, incompetence or limited capacity his legal representatives, have the right to file an incidental civil.
have the right to file an incidental civil action gives up litigation rights, shall be allowed, and record.
eighty-fifth if it is 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.
eighty-sixth incidental civil action shall be liable for compensation:
(a) criminal defendant (citizens, legal persons and other organizations of other common liabilities caused by) and not be investigated for criminal;
(two) minor criminal defendant;
(three) has been executed criminals inheritance;
(four cases in the common crime), before the conclusion of the case of the deaths of inheritance;
(five crime) other criminal defendant behavior in accordance with the law and shall bear civil liability for compensation.
eighty-seventh adult defendants in incidental civil action, it shall bear the liability for compensation, if their relatives willing to bear, should.
eighty-eighth incidental civil action conditions:
(a) the plaintiff to file an incidental civil action conforms to the legal, statutory agent;
(two) the defendant has clear;
(three specific) request compensation claims and facts;
(four) the material loss is caused by the defendant's crime;
(five) belonging to the people's court accepts the incidental civil action.
eighty-ninth supplementary civil action in criminal cases should be on file before the first instance judgment is made. Have the right to file an incidental civil action in the first instance by the people before the announcement did not mention, not to file an incidental civil action. But it can be a civil lawsuit in criminal ruling.
ninetieth in the investigation, pre-trial, the stage of review and prosecution, have the right to file an incidental civil action, the people's Procuratorate to the public security organs of claim for compensation, the public security organs, people's procuratorates have been documented, criminal prosecution, the people's court shall, according to the case of civil suit collateral accepted by the public security organs, people's procuratorates; mediation, the parties the two sides reach an agreement and has paid, and adhere to the victims filed a supplementary civil action, the people's court may also.
ninety-first to file an incidental civil action shall be submitted while the incidental civil. Written complaint is difficult, can be an oral complaint. The judges shall on the plaintiff's request and asked in detail about the oral proceedings, and making a record, read to the plaintiff; the plaintiff confirmation, shall be signed or sealed.
court of the ninety-second people received the incidental civil complaint, should review, decide whether or not and on the seven day. In accordance with the seventy-seventh law of criminal procedure in the first, two and the interpretation of the provisions of article eighty-eighth, shall be accepted; not in conformity with the provisions, the court shall prosecute.
ninety-third people's court accepts the incidental civil action, should the defendant in an incidental civil action in five days of service of civil indictment copy, or an oral complaint timely notice of the contents of the defendant in an incidental civil action, and make. If the defendant is minor, incidental civil complaint shall serve a copy of the legal representative, or an oral complaint content notice his statutory agent.
served by the people's court civil indictment copy, should be based on criminal trial period, determine the defendant or his legal representative filed civil pleadings.
ninety-fourth strips of the incidental civil lawsuit parties to submit their ideas, have the responsibility to provide.
The people's court ninety-fifth incidental civil lawsuit, when necessary, may decide to seal up or detain the defendant.
ninety-sixth incidental civil litigation cases, in addition to a people's Procuratorate, can. Mediation shall be based on the voluntary and legally. If an agreement is reached through mediation, the judges shall timely mediation. Mediation by the parties shall sign the law.
mediation agreement and the completion of the implementation of the, can not mediation, but shall be recorded in writing, the parties, the judges, the clerk signature or seal that is legally.
ninety-seventh through conciliation or mediation agreement cannot be reached before signing receipt of Party estoppel, incidental civil action shall be litigation with criminal.
ninety-eighth incidental civil litigation the plaintiff by the people's court summons, refuses to appear in court without justified reason, or without the permission of the court the withdraw from, should according to the withdrawal.
Incidental civil ] Seventy-eighth [incidental civil litigation proceedings together with the criminal case should be, only in order to prevent the excessive delay in the trial of criminal cases, can in the trial of criminal cases, the same judicial organization to continue the incidental civil.
    "The Supreme People's Court on the implementation of<The criminal procedure law of the people's Republic of China>Interpretation of several issues "
article ninety-ninth for the victim has suffered material losses or the defendant's compensation ability are difficult to determine, as well as the incidental civil litigation parties were unable to appear in court cases, in order to prevent the excessive delay in the trial of criminal cases, incidental civil action in criminal cases after the trial, the same judicial organization to continue. If the members of the organization with a trial did not continue to participate in the trial, the trial organization members can be replaced.
100th people's court trial of the incidental civil lawsuit, in addition to the application of criminal law, criminal procedure law, the general principles of the civil law is law shall apply, civil litigation.
101st people's court prosecution case the defendant's conduct does not constitute a crime, to have an incidental civil action can not be reached, the mediation agreement, shall make criminal incidental civil.
Article 102nd the people's court incidental civil action in criminal cases, do not charge litigation.
    "The Supreme People's Court on criminal incidental civil litigation scope rules" (Interpretation[2000]47No.2000Years 12On 4DayThe judicial committee of the Supreme Court 1148thMeeting of the)
on article thirty-sixth of the criminal law, article thirty-seventh, article sixty-fourth and seventy-seventh of the criminal procedural law stipulates the scope of the problem, the criminal incidental civil lawsuit is to:
first 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.
Behavior second by crime victims suffered material losses, is the actual victims by criminal behavior has suffered losses and suffer from.
The people's court third 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.
fourth defendants have compensation for material losses of victims, the people's court may as plots of sentencing.
fifth criminals illegal possession, disposal of the property and the suffered material losses, the people's court shall be recovered or order. 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.