On the criminal with the principle of compensation in civil cases

Criminal Civil cases to the defendant's conduct constitutes a crime as a prerequisite for Civil compensation cases occurred in the course of a hearing is necessary to strictly implement the <<Penal Code >>,<< Criminal Procedure>>, but also strictly enforced < <Civil Law >>,<< Civil Procedure>> in order to ensure the case received a fair hearing. In a Criminal trial with the author should follow the principles of Civil cases discussed as follows.

(I told the principle
Criminal Procedure Law provides that the defendant's Criminal act because the victim has suffered material losses in the criminal proceedings, the right to file an incidental civil action. If it is state property, collective property losses, citizens or legal persons to criminal proceedings Meanwhile, the right to bring civil action or civil action. only citizens or legal persons raised in criminal proceedings with civil proceedings, while the people's court to hear criminal cases at the same time, hearing the material losses caused by criminal acts of civil litigation. or else Although criminal behavior is due to losses caused by citizens or legal persons, but because of the victim to give up the right not to bring a civil action, the people's court in criminal cases, civil proceedings can not be incidental damages. incidental civil action, based on the defendant people's behavior constitutes a crime as a prerequisite, so the loss has nothing to do with criminal acts, can not file an incidental civil action.

(B fault principle
Civil liability generally depends on the subjective fault of the parties to identify the fault of the parties, is to determine the civil liability of the premise. For the fact that the occurrence of damage is entirely the fault of the victim caused the victim responsible for their own responsibility, filed with the court not support civil substantive issues, the results of the damage is caused by mistakes against people, against the person (that the defendant should be held with all civil liability, if the fault is caused by the mixture of the two parties, it is necessary to distinguish between the parties in This fact, and so the primary and secondary liability or responsibility to properly handle. two or more of the common fault of another person's property caused by, physical damage, shall be jointly and severally liable, shall bear their respective responsibilities. If you can not distinguish or shared responsibility ability of a party which no compensation can be infringed by the remaining jointly and severally liable.

(C own principles
Incidental civil action in determining the defendant's civil liability, we should follow the principle of taking responsibility to deal with. Criminal Code, the crime victim has suffered economic losses, the criminal elements in addition shall be given a criminal punishment, and should be based on circumstances be sentenced to compensation for economic losses. Thus, in the criminal with civil cases, the perpetrator of the crime based on the results of the damage occurred, the perpetrator must take responsibility themselves. In treatment, they should conduct themselves according to how much all of the property the actual situation to determine the amount of compensation. while also criminal and civil Law in the light of the relevant provisions, in exceptional circumstances, the offender is the limited capacity of the minor damage caused by another person or legal entity, it should be in accordance with the <<Civil Law >> one hundred and thirtieth stipulated in clause processing.

(D principle of mediation
According to the relevant provisions of the Criminal Procedure Law and Civil Procedure, in the case with civil cases based on voluntary, reasonable and legitimate principles, distinguish right from wrong, according to the law on the basis of clear responsibilities for mediation. Criminal Procedure Law provides that incidental civil action shall be the same together with the trial of criminal cases, only the trial of criminal cases in order to prevent excessive delay in the criminal trial, the trial by the same organizations continue to hear the incidental civil action. runs through court mediation with civil trial activities. In the whole trial process, the civil parties can request mediation. in the mediation process, under the auspices of the People's Court on the parties to persuade and educate, encourage them to consult with each other, mutual understanding, to resolve the issue of compensation to end the litigation. conciliation must be in accordance with law , we can not accommodate a party without principle, can not force the plaintiff or the defendant against the withdrawal of the true meaning of conciliation. the plaintiff in the people's court ruling declaring the withdrawal of the claim before, and they do not violate national laws and policies, the people's court should be allowed. mediation agreement, according to the relevant provisions of civil conciliation statement.

(E corresponding principles
Correctly determine the scope of compensation, is to effectively protect the legitimate interests of victims, education, compliance with national laws against the people and properly resolve the premise and basis of conflict. Want to be designed to protect the legitimate rights and interests of victims, but also to prevent the victim took the opportunity to improve the standard of compensation and expanded in scope. For the victim and expand without raising the standard range shall be no compensation for the loss. to determine whether the amount of compensation or the amount of compensation, must adhere to the compensation of immediacy, authenticity, legitimacy and the principle of seeking truth from facts, in accordance with laws and policies compensation provisions. In civil cases with the process of hearing, should adhere to ascertain the facts, reasonable, non-clear, true principle of legality, the right to determine the amount of compensation that victims receive timely protection of the legitimate rights and interests, but also the defendant education and punishment by law. Links http://www.hi138.com Research Papers Download