1. Paragraph 1 of Article 36 of the Criminal Law of People's Republic of China (PRC) stipulates: "If the victim suffers economic losses due to criminal acts, he shall be given criminal punishment according to law and compensation for economic losses shall be given according to the circumstances."
2. Article 77 of the Criminal Procedure Law stipulates: "If the victim suffers material losses due to the defendant's criminal behavior, he has the right to bring an incidental civil action in the course of criminal proceedings. If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution. "
3. Paragraph 1 of Article 84 of the Supreme People's Court's Interpretation on Several Issues Concerning the Execution of the Criminal Procedure Law stipulates: "After accepting a criminal case, the people's court may inform the victims (citizens, legal persons and other organizations) who have suffered material losses due to criminal acts, the close relatives of the deceased victims, and the legal representatives of the victims who have no or limited capacity to act that they have the right to file an incidental civil lawsuit."
4. Article 1 of the Provisions of the Supreme People's Court on the Scope of Accepting Cases in Criminal Incidental Civil Proceedings stipulates: "If a person suffers material losses or his property is damaged by criminals, he may file an incidental civil lawsuit. The people's court shall not accept the incidental civil action filed by the victim who suffered mental damage due to criminal acts. "
5. the Supreme People's Court's Reply on Whether the People's Court Accepts the Civil Action of Compensation for Mental Damage of the Victims of Criminal Cases stipulates:
"According to the provisions of Article 36 of the Criminal Law, Article 77 of the Criminal Procedure Law and Article 1, paragraph 2 of the Provisions of the Supreme People's Court on the Scope of Accepting Cases in Criminal Incidental Civil Actions, the victims of criminal cases file an incidental civil action because of the mental loss of the defendants, or the victims file an incidental civil action after the criminal case is concluded.
due to the provisions of the current laws and judicial interpretations in China, the scope of compensation for criminal incidental civil action in China is limited to the material losses suffered by criminal violations of personal rights or criminals.
Extended data:
Personal injury compensation in criminal incidental civil litigation includes the following expenses:
Combining the provisions of Article 16 of the Tort Liability Law of People's Republic of China (PRC) (hereinafter referred to as the Tort Liability Law) and Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases:
The scope of personal injury compensation includes medical expenses, lost time, nursing expenses, transportation expenses and transportation expenses. Hospitalization food subsidies, necessary nutrition expenses, disability compensation, disability AIDS, living expenses of dependents, rehabilitation expenses, follow-up treatment expenses, funeral expenses, death compensation and other reasonable expenses.