Legal analysis
The steps of civil litigation are to keep relevant evidence materials, have the original and copy of the complaint with complete format and content, and then go to court to file a lawsuit. According to the current registration system, when the court sees that the materials meet the requirements, it will give a receipt for filing. The victim can file a civil lawsuit after the criminal judgment takes effect, but it cannot be concluded that the limitation of action for the victim to claim civil rights should be calculated from the date when the criminal judgment takes effect. Because, the provisions only show that the entry into force of the criminal judgment is one of the conditions for the victim to file a civil lawsuit again. The nature of the case of "filing a civil lawsuit separately" is a civil case. Submit an indictment or complaint. The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed. The complaint shall specify the name, sex, age, nationality, occupation, work unit and domicile of the party concerned, the name and domicile of the legal person or other organization, and the name and position of the legal representative or principal responsible person; The request and the facts and reasons on which it is based; Evidence and sources of evidence, names and residences of witnesses.
legal ground
Article 111 of the Civil Procedure Law of People's Republic of China (PRC), if a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) forging or destroying important evidence, which hinders the people's court from hearing the case; (2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury; (3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept; (4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors; (5) Obstructing judicial personnel from performing their duties by violence, threat or other means; (6) Refusing to perform a legally effective judgment or ruling of the people's court. The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law.