if state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution.
according to article 14 of the general principles of the civil law of People's Republic of China (PRC), the guardian of a person without or with limited capacity for civil conduct is his legal representative.
according to the general principles of the civil law of People's Republic of China (PRC) and article 11 of the civil law of People's Republic of China (PRC), citizens over the age of 18 are adults with full capacity for civil conduct, and can independently conduct civil activities. A citizen who has reached the age of 16 and under the age of 18 and whose main source of livelihood is his own labor income is regarded as a person with full capacity for civil conduct.
according to article 133 of the general principles of the civil law of People's Republic of China (PRC), if a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear civil liability. If a guardian fulfills his guardianship responsibility, his civil liability may be appropriately reduced. If a person without capacity for civil conduct or a person with limited capacity for civil conduct owns property and causes damage to others, he shall make compensation with his own property. The insufficient part shall be properly compensated by the guardian, except that the unit acts as the guardian.
Extended data
According to the General Principles of the Civil Law of People's Republic of China (PRC) and Article 12 of the Civil Law of People's Republic of China (PRC), minors over the age of 1 are persons with limited capacity for civil conduct and can engage in civil activities appropriate to their age and intelligence. Other civil activities shall be represented by their legal representatives or with the consent of their legal representatives. Minors under the age of 1 are persons without civil capacity, and their legal representatives act as agents in civil activities.
according to article 13 of the general principles of the civil law of People's Republic of China (PRC) and the civil law of People's Republic of China (PRC), a mental patient who can't identify his own behavior is a person with no capacity for civil conduct, and his legal representative acts as an agent for civil activities. Mental patients who can't fully recognize their own behavior are people with limited capacity for civil conduct and can carry out civil activities that are suitable for their mental health; Other civil activities shall be represented by their legal representatives or with the consent of their legal representatives.
according to article 16 of the general principles of the civil law of People's Republic of China (PRC), citizens and legal persons who violate contracts or fail to perform other obligations shall bear civil liability. Citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability. If there is no fault, but the law stipulates that it should bear civil liability, it should bear civil liability.
referring to article 134 of the general principles of the civil law of People's Republic of China (PRC), the main ways to bear civil liability are:
(1) to stop the infringement;
(2) remove obstacles;
(3) eliminate the danger;
(4) returning property;
(5) restitution;
(6) repair, rework and replacement;
(7) compensation for losses;
(8) Pay liquidated damages;
(9) eliminate the influence and restore the reputation;
(1) apologize.
the above methods of bearing civil liability can be applied separately or in combination. In trying civil cases, the people's courts may, in addition to applying the above provisions, admonish them, order them to make a statement of repentance, confiscate their illegal income and property, and may impose fines and detention according to law.
referring to article 12 of the criminal procedure law of People's Republic of China (PRC), when necessary, the people's court may take such preservation measures as sealing up, distraining and freezing the defendant's property. The plaintiff or the people's procuratorate in an incidental civil action may apply to the people's court for preservation measures. The people's court shall adopt preservation measures and apply the relevant provisions of the Civil Procedure Law.
referring to article 13 of the criminal procedure law of People's Republic of China (PRC), the people's court may mediate or make a judgment or ruling in handling incidental civil cases according to the material losses.
according to article 14 of the criminal procedure law of People's Republic of China (PRC), incidental civil actions should be tried together with criminal cases. Only in order to prevent excessive delay in the trial of criminal cases can the same trial organization continue to hear incidental civil actions after the trial of criminal cases is over.
According to Article 232 of the Criminal Law of People's Republic of China (PRC), intentional homicide is punishable by death, life imprisonment or fixed-term imprisonment of more than 1 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Xinhuanet-People's Republic of China (PRC) Criminal Procedure Law
Xishuangbanna Public Security Bureau-People's Republic of China (PRC) and China Criminal Law
China People's Congress Network-General Principles of People's Republic of China (PRC) Civil Law