Case Analysis Of Xi Xuebiao Suing Huining Bus Station Of Dingxi Transportation Group Co. Ltd. For Disability Compensation

The criminal victim can file an incidental civil action if their personal rights or property was damaged by criminals and losses by the defendant’s crime. The New "Code of Criminal Procedure," and the Supreme People’s Court, "Criminal Procedure" judicial interpretation has been implemented since January 1,2013. The interpretation of the provisions of the criminal incidental civil action for compensation, which does not include disability compensation, the explanation of the introduction makes the proposed disability compensation criminal victims in incidental civil action lawsuit has not been supported by the people’s court. In this case, if the criminal victims filed a separate civil action, claim disability compensation, death compensation and other losses, the court shall not accept and support the claims; If the court supports the request of victims to seek compensation disability compensation, though in the entity help compensate for the loss suffered by the victims of criminal, but in fact it is on the contrary of the intention of establishing Civil Action procedures incidental, reducing the judicial efficiency, wasting of judicial resources. If the rights of criminal victims can’t get timely relieved, and in stark contrast with the general scope of tort damages, the fulfill of unity of our legal system will be influenced. Deal with the above problems, the practices vary around the court for the same types of cases, and the results have made different judgment to the parties, which male confusing of the judge handling, and also sparked controversy during the practitioners and academics.This paper takes a trial practice as a case study, firstly introduce the brief case and a first and second trial of the judge. Secondly, analysis of the nature, status and legislation related theories, combining case studies of disability damages in judicial practice applicable focusing on the concept of disability compensation. Finally, some ideas of the disability compensation incidental civil action were elaborated.