Plaintiff in incidental civil action (hereinafter referred to as Plaintiff): XX, male,? Born on XXX, XXX, Han nationality, living in XXXXX. Id number: xxxx, contact telephone number XXXX.
Defendant in incidental civil action (hereinafter referred to as the defendant): XXX, male, born on XXX, XXX, XXX, contact number XXX? Litigation request:
1. The defendant XXX shall be investigated for criminal responsibility for intentional injury according to law and given a heavier punishment;
2. The defendant was ordered to jointly compensate the plaintiff for various losses, such as disability compensation, medical expenses, lost time, nursing expenses, hospital food subsidies, nutrition expenses, transportation expenses, appraisal expenses, mental damages and so on, totaling XXX yuan.
Facts and reasons
XXX year XXX month XXX day, XX, XX, etc.
To sum up, the defendant intentionally hurt others, causing minor injuries to others, and his behavior has violated the provisions of Article 234 of the Criminal Law of People's Republic of China (PRC), which constitutes the crime of intentional injury. He should be investigated for criminal responsibility and severely punished according to law.
According to Article 77 of the Criminal Procedure Law of People's Republic of China (PRC), if the victim suffers material losses due to the defendant's criminal behavior, he has the right to file an incidental civil action in the course of criminal proceedings. Therefore, all losses caused to plaintiff XX by defendant XX's criminal behavior shall be borne by the defendant. In order to protect the legitimate rights and interests of the plaintiff, we hereby file a lawsuit according to law. Please give it to the judicial department and sentence it as a petition.
Hereby? XX people's court
Signature:
Any day
Extended data
The function of criminal incidental civil action
First, criminal incidental civil action is conducive to improving litigation efficiency. According to the general theory, there is a strict boundary between civil litigation and criminal litigation system. The applicable laws and handling procedures are different and should be tried separately.
However, considering that the related consequences caused by two investigations of the same fact will consume a lot of manpower, material resources and financial resources, it will affect the efficiency of the court. It is naturally a good way to kill two birds with one stone and improve efficiency to solve the incidental civil litigation together in the process of criminal proceedings and let the relevant litigation participants participate in the litigation.
Second, incidental civil action is conducive to the correct handling of criminal cases. In criminal proceedings, according to the motives, means and harmful consequences of the defendant's behavior, the conviction and sentencing are comprehensively measured. A comprehensive investigation of the losses caused by criminals and the handling of their civil liability according to law are conducive to a comprehensive investigation of the case and a correct conviction and sentencing of the defendant.
Three, criminal incidental civil action is conducive to protecting the property of citizens and collectives from infringement. The behavior of some criminals not only violates certain social relations and social interests; But also directly caused irreparable losses to the existing property of some citizens and collectives.
It is extremely unfair to the victims if only the criminals are investigated for criminal responsibility. The establishment of criminal incidental civil action system can compensate the victims' losses and protect their legitimate rights and interests in the most realistic way.
Refer to Baidu Encyclopedia-Damage Compensation Litigation
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