On the subject of criminal with civil action, filed stages, treatment

Trial practice, handling Criminal with Civil cases, many of the practical problems encountered, the method no clear and specific provisions, the judge is being affected by Law enforcement Shiyou subjective and objective conditions, therefore, in understanding , practices are not the same situation occurred. In this paper the main far as incidental Civil action, filed stage, superficial point of view about treatment.

I. On the subject of Criminal with Civil
Incidental Civil action in the main, is incidental Civil action in Criminal activity, shall enjoy the legal rights and obligations between the participants. It contains the subject of rights, but also contains the main obligations.

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, the People's Procuratorate at the time of prosecution, may file an incidental civil action. because the defendant's criminal conduct has suffered material losses of victims, are eligible to serve as subjects of rights incidental civil action. However, judicial practice, and some victims have died, and some victims suffering from mental illness, Some victims of a minor, or loss of their capacity, or limited, it is difficult to exercise that right of action by themselves. and some criminal acts against the object is often not the person or property of citizens, but state and collective property. This produced by someone other than the victim, as filed with the main civil rights issues. Thus, the right to bring civil action with the main body is a natural person, including victims, has died near relatives of the victims, minors, or incapacitated person, limited capacity of the guardian, legal representative. only allow these people other than victims participate in the proceedings as subjects of rights, criminal acts against the victim was caused material damage, the civil action filed with the request to be effective protect the legitimate rights and interests of victims. incidental civil action as the main body, the state property, collective property losses, the People's Procuratorate on behalf of these legal entities have filed a civil action with qualifications, not exclusion of enterprises, institutions, civil organizations have with the right of the right of the main qualifications, without exclusion of enterprises, institutions, corporate bodies the possibility of an incidental civil action brought directly. If the state, collective property losses, and as the legal property owners did not file an incidental civil action, then by the People's Procuratorate file an incidental civil action to protect public property from loss.

The main obligations, in accordance with the Law refers to criminal acts by the material damage caused by the person liable. Liable, usually with a criminal defendant in my civil action. But some of the accused often encountered in practice age, no independent property, and some ability to limit liability the defendant, his property but does not compensate for the losses, and some defendants to perform certain duties related crimes. In this case, the main obligation of liability of not only is a criminal defendant himself, that liability for their actions according to people who may become the main obligations. shall be liable for obligations of the main body should include, criminal defendants, bears the responsibility of guardianship of minors who, criminal defendants heirs of the property. If the defendant caused the victim to perform some duties of property damage, then the consequences of crime shall bear civil liability according to Law. it shall bear civil liability in the unit, in the incidental civil action, the defendant in the civil status, the negative the obligation to pay damages. This responsibility belongs to joint and several liability. although they caused material damage itself is not the person directly, not violations of the main, however, because the relationship between the Law must take such civil liability, as their incidental civil action the defendant in the decree that they shall bear the economic compensation, help protect the lawful rights and interests of victims, is conducive to the smooth progress with civil proceedings.

Second, bring a civil action on the stage of the criminal with
Criminal Procedure Law, the Victims in the criminal proceedings have the right to file an incidental civil action.'s Request for financial compensation, in the investigation, prosecution phase of the public prosecution authority, but this does not mean bring in the strict sense of the incidental civil action . incidental civil action for damages is the essence of solving the debt. The state has granted the people's court jurisdiction, any other authority does not have such power and, therefore, can not be incidental civil trial. This is not to say that public prosecution authorities to solve the incidental civil action without any responsibility. Since the formation of criminal behavior and criminal acts of a criminal case of damages caused, usually through the filing, investigation, prosecution stage, police, prosecutors, claims for the victims should be to receive and have the right to make the necessary investigations and collect evidence and possible resort to mediation. When mediation fails, inform the right people Xiangyou claim, filed in the case when the indictment directly to the people's court, or would have accepted the claims of the parties transferred the people's court trial. People's Court has the right to claim an incidental civil action on the request of the parties as long as they filed in court before the end of the debate, it should be admissible, and shall proceed with the hearing. People's Court incidental civil action to implement the principles to be handled. When the process of criminal cases and found that with the right to bring a civil action has not filed, the judge filed an obligation to report the incidental civil action. voluntarily give up and should be allowed. If the right who file an incidental civil action, as long as the other did not counterclaim for withdrawal, but also reconciliation with the defendant. entitled to claim the right of the people in the criminal proceedings did not file an incidental civil action shall be deemed a waiver of the right of appeal, on the defendant's criminal trial has ended, the victim can not file an incidental civil action. Links to free download http://www.hi138.com three papers on the treatment of incidental civil action
Criminal Procedure Law provides that incidental civil action shall be tried together with the criminal case, 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. If the civil action can not be the same with be tried in criminal proceedings, and later resolved when the incidental civil action must be undertaken by the same judicial organization. This is because the incidental civil action are the same with the criminal case due to the different consequences of criminal behavior, the original trial organizations familiar with the situation and continue to hear from their to simplify the proceedings, facilitate the proper and timely issues dealing with civil litigation.

Typically, in the People's Court before guilt has been to identify the basic and material losses caused by criminal acts have also been to identify the case, you can follow the basic principles of civil procedure, with the civil part of the first to mediation. After the establishment of the mediation , the court may no longer part of the civil trial. This practice results were better. First, to facilitate civil plaintiff litigation. pre-trial investigation was established, without the plaintiff in a civil trial activities, do not make the court preparation. The second is to facilitate the work of the Court . because the defendant has repented and more, hoping a lighter punishment, psychological, economic losses are willing to compensate the victims a way to show their guilt attitude. In particular, the defendant is a minor, the guardian of hope to reduce the liability of the defendant penalty trial before they approach the economic damages are often positive, even very active, very likely set up the mediation. and once an agreement can be fulfilled. reduced the civilian implementation of the link. because the defendant's own economic compensation capacity is limited, and the situation is more complex, and some were living with their relatives, property there, although some independent living without compensation capability. custody defendants bear the compensation, mostly commissioned by his family on behalf of the defendant to perform , while others take the initiative to the compensation of their relatives. general in the criminal verdict, the defendant or their family members reported that the economic damages are often negative attitude, ability to refuse without compensation compensation, is not easy to accept the court's mediation, even the decision also difficult to implementation. Therefore, the people with civil cases in criminal court, in ascertaining the facts, distinguish right from wrong, a clear responsibility on the basis of the hearing at the preliminary hearing or mediation, the program can be carried out in the first instance, you can also program in the second instance conducted. This practice not only contrary to "the people after the first sentence" principle, but also to determine the defendant's criminal responsibility. mediation shall be issued by the establishment of mediation. on the mediation fails, should continue to sentence under the Criminal Civil Judgments neither are advised to sub-section to the criminal, the victim should not be ordered to be prosecuted. Links http://www.hi138.com Research Papers Download