刑诉法09第九章 附带民事诉讼（The criminal procedure law 09 chapter ninth incidental civil lawsuit）.docVIP

刑诉法09第九章 附带民事诉讼（The criminal procedure law 09 chapter ninth incidental civil lawsuit） The ninth chapter is incidental civil action The first section is a summary of incidental civil action I. The concept of incidental civil action Incidental civil litigation refers to the judicial process in criminal proceedings, in addressing the criminal responsibility of the defendant at the same time, solve the problem of litigation incidental damages caused by the defendants criminal behavior of material loss. Seventy-seventh provisions of the code of criminal procedure, the victim because of the defendants criminal acts suffered material losses, in the criminal proceedings, have the right to bring incidental civil action. If the losses suffered by the state or collective property, the peoples Procuratorate may institute supplementary civil action when prosecuting. The peoples court may, when necessary, seal up or seize the property of the defendant. Incidental civil action solves the problem of compensation for material damage, which has the same nature as damages in civil action. However, incidental civil action is different from the usual civil procedure. In substance, this kind of compensation is caused by criminal act; it is filed in the process of criminal proceedings, and is usually tried by trial organization of criminal cases. Its establishment and settlement are closely related to criminal proceedings, and therefore it is a special procedure. It is decided by the particularity of incidental civil action, and the law applicable to incidental civil action has the characteristics of compound. On the substantive law, cognizance of the fact of damage, not only to follow the provisions of the criminal law on the crime of specific elements, and the civil le