What is the incidental civil action?

I. Cases of Incidental Civil Litigation (I) Basic information of the parties Liu Momin, plaintiff of criminal incidental civil litigation, male, born on May 1940, Han nationality, farmer, junior high school education, now lives in Shui Yang Township, Anci District, Langfang City. Authorized Agent: Ji Mou, lawyer of Hebei Lingxiang Law Firm. Defendant Liu Moufang, female, born in June, 2 1, 942, 1, Han nationality, farmer, junior high school education, now lives in Shui Yang Township, Anci District, Langfang City. On August 9, 2007, he was released on bail pending trial by Anci Branch of Langfang Public Security Bureau on suspicion of intentional injury. Defendant Yang, male, son of Defendant Liu Moufang, 1976, Han nationality, farmer, junior high school education, now lives in Anci District, Langfang City. On August 9, 2007, he was released on bail pending trial by Anci Branch of Langfang Public Security Bureau on suspicion of intentional injury. (II) Brief Introduction of the Case The public prosecution agency accused that on July 9, 2007 18, the defendants Liu Moufang and Yang had a dispute with their neighbors to the west, which led to a fight. Defendants Liu Moufang and Yang injured Liu Moumin with shovels. After the forensic injury test of Langfang Public Security Bureau, Liu Moumin's injury was a minor injury. The public prosecution agency believes that the defendants Liu Moufang and Yang used violence to intentionally hurt others' bodies and caused minor injuries, and their actions have violated the provisions of Article 234 of the Criminal Law of People's Republic of China (PRC), so the defendants Liu Moufang and Yang should be investigated for criminal responsibility for intentional injury. The defendant Liu Moufang had no opinion on the charges accused by the public prosecution agency, and found that the victim's injury was caused by one person and had nothing to do with the defendant Yang. Defendant Yang argued that during the fighting between the two sides, he only participated in the blocking frame and did not cause harm to the victim. The public prosecutor accused him of intentional injury. It was found through trial that the two defendants were neighbors in the same village. Over the years, contradictions have arisen due to daily trivial matters, which have been mishandled and accumulated deep grievances, and the two sides have not communicated with each other. On the afternoon of July 19, 2007, because the plaintiff Liu Moumin thought that the defendants Liu Moufang and Yang used the village committee to spread soil in front of their house, raising the terrain in front of their house would affect the smooth flow of water in front of their house and blocked the defendant's paving behavior many times, Liu Moufang thought that Liu Moumin had acted unreasonably and bullied the weak, that is, he had a dispute with Liu Moumin. Yang immediately went forward to fight with Liu Momin. The defendants Liu Mofang, Yang and Yang's wife Yang fought with Liu Momin, Liu Momin's wife and eldest daughter Liu Moumou who heard the news, causing Liu Momin's scalp laceration and multiple soft tissue injuries all over his body. On July 26, 2007, Liu Momin was identified as a minor injury by the forensic doctor of Langfang Public Security Bureau. Wu Mou suffered multiple soft tissue contusions, which were identified as minor injuries by forensic doctors. The above facts are proved by the following evidence provided by the public prosecution agency and cross-examined by the court: 1, the fact that the victim Liu Momin was injured by the defendant Yang around July 19 18, 2007; 2. The testimony of the witness Liu Xiaomou confirmed the fact that the defendant Yang injured Liu Momin around July 9, 2007 18; 3. The testimony of witness Yang's wife Zhang and Kou confirmed that at about 6: 438: 8 on July 9, 2007, Liu Momin, Liu Momin's wife, eldest daughter Liu, defendants Liu Mofang, Yang and Yang's wife Yang Momin suffered head injuries and bleeding; 4. On July 26, 2007, the official seal of the Forensic Injury Inspection and Appraisal Office of Langfang Public Security Bureau: Forensic Medical Examination, No.797 [2007] appraisal document and photos confirmed that Liu Moumin suffered scalp laceration and multiple soft tissue injuries all over his body, with minor injuries; 5. The shovels and household registration certificates of the two defendants detained by Anci Branch of Langfang Public Security Bureau can be proved in the volume, which is enough for identification. (3) After mediation, during the court session, both parties thought that the other party was seriously at fault. The defendant Yang said that he did not harm the victim Liu Moumin and should not bear criminal responsibility and related civil liability. Defendant Liu Moufang believes that the victim started the trouble first, and her husband was weak and sick, and his family was in financial difficulties and unable to pay compensation. He is willing to bear the corresponding criminal responsibility and request a lighter punishment. The victim believes that the victim's injury was caused by the defendants Liu Mofang and * * *. In order to escape legal sanctions, Liu Moufang, as an elderly woman, can handle the responsibility of intentional injury lightly according to law, protect her son Yang, and request a heavier punishment for the actions of the two defendants. And the victims and their families have visited our hospital many times, saying that if they are not satisfied with the handling, they will definitely come to Beijing. According to the actual situation of the case, the presiding judge talked with the original defendant to understand the crux of the contradiction between the two sides. After patiently listening to the narrative of contradictions and grievances between the two sides for many years, he sincerely analyzed the shortcomings of the past and the adverse consequences caused by improper handling of trivial matters, and actively suggested that both sides look at their actions from each other's perspective, put themselves in other's shoes and reflect on themselves. Explain the rules of criminal evidence and the legal consequences of intentional injury to the defendant, and whether it constitutes a crime will be comprehensively determined according to relevant evidence. Not only the confession of the defendant, but also the defendant Yang did not commit intentional injury. If the victim is at fault in intentional injury, the defendant's liability for compensation may be appropriately reduced. After the defendant compensates the victim and obtains the victim's understanding, the criminal responsibility of the defendant may be appropriately reduced according to law. Use the cases around you to explain the importance of harmonious neighborhood relations between the two sides to the victims and their families. Only by living in peace can they be happy. It is suggested that they treat the problems in neighborhood relations calmly, promote mediation to solve the case and avoid future troubles. Because the victim's demand for compensation is too high, and the defendant is worried that if the victim is highly compensated, he may be bullied by the victim in the future and would rather go to jail than pay compensation, so the two sides cannot reach an agreement on compensation. Faced with the urgency of the trial limit of criminal cases, there are hidden dangers in the judgment, which is not conducive to stability and has poor social effects. The presiding judge shall report to the leaders in time. The dean asked everyone, the dean in charge and the dean to attach great importance to it, make concerted efforts, adopt multi-person and multi-level mediation, increase the density and intensity, ensure the successful settlement of this case, and implement the justice of serving the people wholeheartedly. Wang Shuangyue, the dean in charge, took time out of his busy schedule to personally find the defendant's mother and son and do meticulous ideological work. Shao Huilong, the president of the First Criminal Court, sacrificed holidays to conduct face-to-face mediation for both parties, and worked for both parties through relevant parties and attorneys to facilitate mediation. When the victim's wife, Wu Mou, was wronged and cried because the compensation amount was not enough 1000 yuan, and she was emotional, he brought water and put on clothes for her who was nearly sixty years old and suffered from heart disease, and said that she would rather pay her own money than promote mediation between the two sides. At one o'clock in the afternoon, he forgot the reunion of his family and was still fighting hard on both sides. At this time, the defendant Yang was moved. "President, you are too responsible for your work. We listen to you. " A case that was about to intensify contradictions was finally solved. (IV) Analysis and comments on this case Although the defendant Yang denied intentional injury, both the victim and the witnesses at the scene confirmed that he had fought with the victim. Defendants Liu Mofang and Yang used violent means to intentionally hurt others' bodies, causing minor injuries. His behavior has constituted the crime of intentional injury, and the charges charged by the public prosecution agency are established. If the mediation in this case fails, the defendants Liu Moufang and Yang should be punished, and the defendant family will be in a desperate situation because no one takes care of them. However, the economic losses suffered by the victims can not get the hope of actual compensation, which lays a hidden danger for the implementation of our hospital and cannot achieve the real goal of justice for the people. By paying attention to mediation, the defendants Liu Moufang and Yang actively compensated the victim Liu Momin, and the two sides reached a mediation agreement. The defendant and the victim reached an understanding and rebuilt the neighborhood relationship. According to the criminal circumstances and repentance of the two defendants. According to the provisions of Articles 234 and 37 of the Criminal Law of People's Republic of China (PRC), our hospital sentenced the defendants Liu Moufang and Yang to the crime of intentional injury and exempted them from criminal punishment. Both sides are satisfied. In the mediation process of this case, we should mainly do the following: 1, leaders attach importance to it, raise awareness and strengthen responsibilities. In the process of law enforcement, our hospital has always regarded the Langfang experience with the core content of "strengthening mediation, administering justice for the people, maintaining stability and promoting harmony" as the main topic, and encouraged everyone to actively explore, pay attention to summing up and implement it in the actual assessment of every cadre. 2. Open and transparent, treat people sincerely, and mediate according to law. In the process of handling a case, it is necessary to abandon the previous practice of individual judges being mysterious and bluffing by law, be open and honest with the parties, lay out the facts, highlight the laws and regulations, share the responsibility, understand the interests, gain the full trust of the parties, seize the crux and put forward a plan. 3, patient and meticulous, persistent, people-oriented, flexible and diverse. In the process of mediation, we never let go of the possibility of reaching an understanding. According to the thoughts and thoughts of the parties, we will formulate multiple sets of mediation schemes to effectively meet the urgent needs of the parties, impress people with emotion, convince people with reason and warn people with law.