Afterwards, Wang gathered Ma and Jiang to go with machetes, and Ding also gathered Xiong and Chen Mou to go with steel bars. During the fight between the two sides, Ding and his gang saw many people on the other side and held machetes, so they fled separately. Wang still led Ma to chase the other Xiong and chopped him. After forensic identification, Xiong's injury was minor injury B. The procuratorate prosecuted eight people, including Wang and Ding, for the crime of affray, and Xiong also filed a criminal incidental civil lawsuit, demanding that the other five people compensate for medical expenses, lost time, transportation expenses and other economic losses of more than 31,111 yuan. There are two different opinions on whether Xiong's request for incidental civil action should be supported by Jiading criminal litigation defense lawyers. The first opinion is that all participants in affray know that their actions may cause harm to others and that they will be harmed by others' actions, and if they still participate in affray, they should bear corresponding criminal and civil responsibilities by themselves. Therefore, Xiong can't file an incidental civil action. The second opinion is that although the participants in the crime of affray are at fault for the occurrence of the crime, the infringement is indeed caused by the intentional criminal behavior of the other party and should be compensated. Therefore, Xiong can file an incidental civil action. The author agrees with the first opinion, and the analysis is as follows: Jiading criminal litigation defense lawyer Article 99 of China's Criminal Procedure Law stipulates: "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. If the victim is dead or incapacitated, the victim's legal representative and close relatives have the right to file an incidental civil action. If state property or collective property suffers losses, the people's procuratorate may file an incidental civil action when it files a public prosecution. " According to the relevant jurisprudence, legislation and judicial interpretation, the establishment of criminal incidental civil action must meet the following conditions: 1. The premise of the establishment of criminal incidental civil action is that criminal action has been established; 2. The victim must suffer material losses; 3. The material loss of the victim was caused by the criminal behavior of the defendant. According to the conditions for the establishment of a civil suit incidental to criminal proceedings, Xiong's contempt in this case meets the requirements of civil suit incidental to criminal proceedings, but according to the reply of the Supreme People's Court Research Office on whether the civil compensation request filed by people who participated in affray and caused serious injury or death and their families can be supported: "According to the provisions of the first paragraph of Article 292 of the Criminal Law, participants in affray, whether ringleaders or other active participants, Everyone knows that their actions may cause harm to others and that they may be hurt by others' actions. If they still participate in affray, they shall bear corresponding criminal and civil responsibilities by themselves. According to the provisions of the second paragraph of Article 292 of the Criminal Law, if a person participates in affray and causes serious injury or death to others, and the nature of his behavior changes, he shall be deemed as the crime of intentional injury or intentional homicide. People who are seriously injured or killed in affray are not only victims of intentional injury or intentional homicide, but also criminals of affray. Civil compensation claims made by people who participated in affrays and were seriously injured or killed or their families should be supported according to law, and the principle of mixed fault liability should be applied. " It can be seen that the participants of affray crime, whether they are ringleaders or active participants, subjectively know that they are participating in the affray, and that they may be injured by the other party, as well as the result of property damage, but they still insist on participating in the affray. The resulting minor injuries and minor injuries are all expected and fall within the scope of their generalization and intention, which is regarded as the actor giving up his legitimate civil rights and interests protected by law. According to the principle of autonomy of will in the General Principles of Civil Law, actors should bear corresponding civil liabilities for the results below minor injuries, and they are not liable for compensation. Therefore, in this case, Xiong' s minor injuries suffered during the affray cannot bring a criminal incidental civil action.