The guidelines of the Supreme Court of Shaanxi Province, Shaanxi lawyer Niu Jianceng Zhi book directly to the Shaanxi Provincial Higher People's court, the Supreme Court of Shaanxi province Anton, think "death compensation does not belong to criminal incidental civil compensation lawsuit trial" guidance, not only pointed out that contrary to state law, and "private law". Cancel the provisions of Zhijian anton. This immediately aroused the special attention in the Shaanxi judiciary. Niu Jian Shaanxi Dingyuan law firm, a senior lawyer. Many years of judicial practice and a lot of defense of criminal cases, provided a lot of fresh materials as he delved into the legal knowledge and business. However, since 2009, he served as counsel in the process of handling cases, the trial court had recently been complied with the Shaanxi Provincial Higher People's court in the high incidence of [2009]117 document. Thirteenth the provisions of which: "death compensation does not belong to civil suit collateral to criminal compensation range". In communication with peers and visited the understanding that at present the province built, cattle, are in this trial. 4 month 13 days, bovine built after repeated consideration, or to their own opinions on Provincial President An Dong with a letter form. He wrote in "Zhijian book": "Ann Dean, hello! I was a practicing lawyer in Shaanxi, a I think important advice, please be taken into account in your busy schedule. The fact of the matter is, since last year, found that many victims of criminal cases in the first trial of criminal cases, death compensation and the disability compensation suddenly no compensation. After that, the trial judge according to your hospital (2009) the Shaanxi Provincial Higher People's Court on the trial of criminal incidental civil litigation guidance in years May 26th through "(Trial)" is the high incidence of [2009]117 document. Thirteen the provisions of the document: "death compensation does not belong to criminal incidental civil action for compensation". I feel confused at that time, the deprivation of civil rights only law has the power to rule, but also the constitutional level. Judicial interpretation can only be specified limits interpretation of the law, but your college non Supreme Court, was not issued judicial interpretation, this one. The provisions of the criminal supplementary civil action range, the Supreme People's court has made specific provisions in December 13, 2000, the name is "the Supreme People's Court on the provisions of criminal incidental civil litigation" range, which referred to the spirit of the loss not to compensate ( second), and later in February 26, 2001 the Supreme Court to make a of spirit damage to the judicial interpretation, which is "the Supreme People's Court on some issues of determining civil right infringement spirit damage compensate responsibility to explain the" wrong in ninth of the disability compensation, death compensation provisions specific form of gold for spiritual comfort. In order to correct this error, the Supreme People's court and in December 26, 2003 released another judicial interpretation, namely "the Supreme People's Court on certain issues concerning the application of law in the trial of personal injury compensation case explanation", respectively, in seventeen, eighteen, twenty-five, twenty-nine parallel provides mental solatium, disability compensation, compensation for death, and in thirty-one of the disability compensation, death compensation is defined as the material loss of the second victim. So, from the above three judicial interpretation can be seen, in criminal cases, disability compensation, death compensation for material damage caused by Jin Jie criminal behavior, can not lose!? By what right have you against judicial interpretation and criminal law, criminal procedure law, the release of the Shaanxi in document [2009]117 13? The 13 since the release date was seriously infringed upon and robbed me of all the criminal cases of death and disability of the legitimate rights and interests of the victims and their families, causing misery that bloodshed and tears for them. Make law illegal, causing evil law, its consequence how, once people in the office when I cry cry , my eyes teared up. This clause must be cancelled!"
      Unfortunately, today, the Supreme Court of Shaanxi province and no response to this incident. But understand according to the author in the Shaanxi court system, the Supreme Court of Shaanxi the guidance into the criminal supplementary civil action legal documents. This is also in the Yao Jiaxin case, people generally feel cause civil compensation is too low.
      What is the nature of death compensation? According to the Supreme People's court "which came into effect in March 10, 2001, about the problems of defining the civil right infringement spirit damage compensate responsibility to explain" (hereinafter referred to as the "judicial interpretation") the ninth stipulation: "the mental damage solatium include the following: (1) causing disability, disability compensation gold; (2) caused by death, for death compensation; (3) spirit conciliate gold other damage case." In addition, China's "general principles of civil law", "consumer protection law" and "product quality law" has stipulated the death compensation, death compensation system to explain to "nurture loses said", that the nature of death compensation for mental injury solatium. Accordingly, the quality of the death compensation to mental damages. In this legal framework, the victim or the near relatives of the victim (i.e. no right of action) in the criminal supplementary civil lawsuit brought death compensation claims, the first view is the seemingly correct. Since the victim or the near relatives of the victim (i.e. no right of action) in the criminal supplementary civil lawsuit brought death compensation claims, then, it separately in the independent civil lawsuit brought the death compensation claims should? But in the same way, that in this law within the framework of the answer is "no", because after No. 17 "reply" to determine the case in criminal case, the victim shall claim for compensation for mental damages in civil proceedings, the people's court shall not accept. Therefore, the above second viewpoints also seems to. Even so, I still hold the third view? The reasons are as follows:

        1, according to the damages for infringement of the principle of full compensation and the principle of gains offset the losses, the offender must complete the material and spiritual loss of the victims or their close relatives of the compensation, and to fill the loss. If at this stage will remain the death compensation as mental injury solatium, will make the death compensation imbalance, sufficient to compensate for the loss. In order to close relatives to the death of the victim can get reasonable relief, in the current mode of criminal incidental civil action is still not accepted for mental damages compensation for death, for the "loss of inheritance", to correct the imbalance in the interests of the death compensation to a certain extent, the death of the victim's close relatives to obtain a relatively impartial judicial relief.

        2, in the application of law has undergone a fundamental change. Since May 1, 2004 will come into effect the "Supreme People's court interpretation of several issues concerning the application of law in the trial of personal injury compensation case" (hereinafter referred to as the "judicial interpretation of personal injury compensation") the twenty-ninth stipulation: "the death compensation in accordance with the seat of the court on appeal by the year of urban residents per capita disposable income per capita income or rural residents, according to twenty years. But more than sixty years of age, the age reduction for each additional one year old years; more than seventy-five years of age, according to five years." The provisions of compensation for death had taken a "loss of inheritance", a change in the past generally held "support loss". Specified in the first paragraph of article thirty-first: "the people's court shall, in accordance with the general principles of the civil law 131st and the interpretation of the provisions of article second, the nineteenth to twenty-ninth (Note: Article twenty-ninth refers to the death compensation calculation method of gold) actual damages the property loss." The second paragraph: "the compensation damages the determined in accordance with the provisions of the first paragraph of article eighteenth determination.

      However, according to the author, the Supreme Court of Shaanxi province made such a guidance, but also not to practice. As early as 2006, Shaanxi Province issued "The Shaanxi high court trial of criminal incidental civil litigation guidance "fourth stipulates clearly:"Disability compensation, death compensation is the property loss, the compensation for disability, death compensation request, should be supported."But in the guidance issued less than3Years later, the opinions and hastily abolished, replaced by the Supreme Court of Shaanxi province "on the trial of criminal incidental civil litigation guidance(Trial)". From the current understanding of the internal information, the Supreme Court of Shaanxi province is also under pressure because of the Supreme Court, the Supreme Court a few criminal trial workshop, several leadership pointed out that incidental civil to criminal trial, shall not include compensation for death, this also is in a certain social consideration, for fear of judgment of death metal cause is not timely compensation, this will lead to a large number of petition letter, thus affecting the social harmony. So from that meeting, the majority of the provincial high court have response, in the province of a criminal trial does not include compensation for death.

       So the criminal part in drug case ended, we need to review the Shaanxi Provincial Higher People's court "on hearing the guiding opinions of supplementary civil action in criminal cases (for Trial Implementation)" rationality, also deceased a rest.