If the victim brings a criminal incidental civil action, the victim is the plaintiff of the incidental civil action. The staff of the procuratorate shall investigate the criminal responsibility of the defendant on behalf of the state in the name of the public prosecutor. In criminal incidental civil action, the actor is both the defendant in criminal case and the defendant in incidental civil action. The public security organ is only responsible for investigation and evidence collection, and does not participate in the trial.
Legal basis:
Article 3 of the Criminal Procedure Law is responsible for the investigation, detention, execution of arrest and preliminary examination of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers.