Properly Adjusting and Responding to the Incidental Civil Action for Compensation

 2018-06-19  13


· Document Number:No. 337 [2012] of the Higher People's Court of Beijing Municipality

· Area of Law: Judicial Assistance Legislative Affairs

· Level of Authority: Local Judicial Documents

· Date issued:11-09-2012

· Status: Effective

· Issuing Authority: Beijing Municipality

 

Notice of the Higher People's Court of Beijing Municipality on Issuing the Opinions of the Higher People's Court of Beijing Municipality on Implementing the Revised Criminal Procedure Law and Properly Adjusting and Responding to the Incidental Civil Action for Compensation
(No. 337 [2012] of the Higher People's Court of Beijing Municipality)
The No. 1 Intermediate People's Court and the No. 2 Intermediate People's Court of Beijing; Beijing Intermediate Railway Transport Court; the people's courts of all districts and counties; and Beijing railway transport court:
In order to further implement the provisions of the revised Criminal Procedure Law on issues concerning the incidental civil compensation and properly adjust and respond to the incidental civil action for compensation, the Higher People's Court of Beijing Municipality has formulated the Opinions of the Higher People's Court of Beijing Municipality on Implementing the Revised Criminal Procedure Law and Properly Adjusting and Responding to Incidental Civil Action for Compensation, which have been deliberated and adopted at the 17th session (305th in aggregate) of the Judicial Committee of the Higher People's Court of Beijing Municipality on September 17, 2012, are hereby issued for your reference during the trial practice. If you have any problem in the implementation process, please timely report it to the No. 1 Criminal Tribunal of Higher People's Court.
November 9, 2012
Opinions of the Higher People's Court of Beijing Municipality on Implementing the Revised Criminal Procedure Law and Properly Adjusting and Responding to the Incidental Civil Action for Compensation
In order to further implement the provisions of the revised Criminal Procedure Law on issues concerning the incidental civil action for compensation and properly adjust and respond to the incidental civil action for compensation, these Opinions are hereby formulated according to relevant provisions of the Criminal Procedure Law of the People's Republic of China implemented as of January 1, 2013 and in light of the actual circumstances of the juridical work:
Article 1 Since January 1, 2013, where the courts of Beijing render a first instance judgment on an incidental civil action, it shall determine scopes and standards of compensation in strict accordance with the relevant provisions of the Criminal Procedure Law of the People's Republic of China and the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China.
Article 2 Where, for the incidental civil action judged by the court of first instance in accordance with the original scopes and standards of compensation prior to December 31, 2012, the party concerned lodges an appeal or the prosecutorial organ lodges a protest, the court of second instance shall review such action based on the original scopes and standards of compensation.
The courts of Beijing shall speed up the trial progress on the incidental civil actions which have been accepted so far and strive to conclude them prior to December 20, 2012 in accordance with law.
Article 3 The courts of Beijing shall make their best efforts to properly resolve contradictions when trying the incidental civil actions. They shall intensify efforts in mediation work in accordance with law, earnestly safeguard the legitimate rights and interests of the injured parties and strive to settle the cases and disputes. For cases which meet criminal reconciliation conditions, they shall try to facilitate reconciliation under the premise of respect for the wishes of the parties concerned.
Where both parities to the incidental civil action reach a mediation or reconciliation agreement in accordance with law, the scopes and standards of civil compensation are not applicable to the provisions of Article 1 of these Opinions.
Article 4 When trying incidental civil actions, the courts of Beijing shall actively conduct criminal victim rescue work, and in cases that the defendant is incapable of making compensation, and the victims and their close relatives encounter threats to livelihood and to medical treatment subject to criminal violations suffered, and they shall provide rescue in a timely manner, take efforts to resolve conflicts, and ensure that laws and policies are correctly implemented.
Article 5 When trying incidental civil actions, the courts of Beijing shall take preservation measures when necessary according to law and prevent the defendants and their relatives from transferring and concealing property to ensure that the incidental civil judgment is enforceable.