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Decision of the Supreme People's Court on Amending the "Several Provisions of the Supreme People's Court on Restricting High Consumption by Persons Subject to Enforcement"
Li had a dispute with Liu over trivial matters. The next day, Liu invited Wu to bring a dagger to Li's home for revenge. After Li was injured, he sought help from his cousin Wei, who lived next door. Wei rushed over but was also stabbed by Liu and Wu, who then fled the scene. According to forensic identification, Wei died from hemorrhagic shock due to a sharp object piercing the femoral artery, while Li sustained minor injuries. After the incident, Wu fled. Wei's relatives filed a civil lawsuit demanding Liu to pay a total of 13,000 yuan for funeral expenses, death compensation, and living expenses for dependents.
[Case Introduction]
Li had a dispute with Liu over trivial matters. The next day, Liu invited Wu to bring a dagger to Li's home for revenge. After being injured, Li sought help from his cousin Wei, who lived next door. Wei rushed over but was also stabbed by Liu and Wu, who then fled the scene. According to forensic identification, Wei died from shock due to a sharp object piercing the femoral artery, while Li sustained minor injuries. After the incident, Wu fled. Wei's relatives filed a civil lawsuit demanding Liu pay a total of 13,000 yuan for funeral expenses, death compensation, and living expenses for dependents.
[Case Analysis]
Disagreement
There are two differing opinions regarding the handling of the civil part of this case:
The first opinion holds that the fugitive co-defendant Wu should be included as a defendant in the civil lawsuit, with a default judgment ordering him to bear civil liability. The reasons are: 1. In cases of joint criminal activity, the harm or damage caused by the crime should be regarded as the result of the collective actions of all co-offenders, and thus all co-offenders should bear the compensation responsibility. 2. Judging that all co-offenders bear civil compensation responsibility not only balances the interests among defendants but also aligns with the principle of judicial economy.
The second opinion argues that the fugitive co-defendant should not be included as a defendant in the civil lawsuit. The reasons are: 1. Article 86 of the Supreme People's Court's interpretation of several issues concerning the implementation of the Criminal Procedure Law of the People's Republic of China clearly states the subjects liable for compensation in civil lawsuits, which does not include fugitives in joint criminal cases; 2. Fugitives in criminal cases, who have not been captured by public security organs, cannot be directly served with the civil lawsuit, and making a default judgment against them without their presence or the exercise of civil rights such as evidence presentation is unjust.
Analysis
The author agrees with the second opinion. The reasons are: 1. The civil lawsuit is subordinate and dependent on the criminal lawsuit; if the fugitive has not been criminally prosecuted, the premise for the civil lawsuit is lost, making it impossible to initiate a civil lawsuit against them. 2. Joint tortfeasors should bear joint liability for their common tortious actions and results. Not holding the fugitive liable for civil responsibility does not mean that they will never be pursued for civil liability after being captured. For example, after being captured, a judgment could hold them jointly liable for any unpaid compensation owed to the civil lawsuit plaintiff. 3. The Supreme People's Court pointed out in the 1999 minutes of the National Court's Symposium on Maintaining Rural Stability in Criminal Trials: "Fugitives in joint criminal cases should not be included as defendants in civil lawsuits."
In summary, the fugitive co-defendant Wu should not be included as a defendant in the civil lawsuit.
[Case Result]
The author believes that the fugitive co-defendant should not be included as a defendant in the civil lawsuit. The reasons are: 1. Article 86 of the Supreme People's Court's interpretation of several issues concerning the implementation of the Criminal Procedure Law of the People's Republic of China clearly states the subjects liable for compensation in civil lawsuits, which does not include fugitives in joint criminal cases; 2. Fugitives in criminal cases, who have not been captured by public security organs, cannot be directly served with the civil lawsuit, and making a default judgment against them without their presence or the exercise of civil rights such as evidence presentation is unjust.
[Relevant Regulations]
1. The civil lawsuit is subordinate and dependent on the criminal lawsuit; if the fugitive has not been criminally prosecuted, the premise for the civil lawsuit is lost, making it impossible to initiate a civil lawsuit against them. 2. Joint tortfeasors should bear joint liability for their common tortious actions and results. Not holding the fugitive liable for civil responsibility does not mean that they will never be pursued for civil liability after being captured. For example, after being captured, a judgment could hold them jointly liable for any unpaid compensation owed to the civil lawsuit plaintiff. 3. The Supreme People's Court pointed out in the 1999 minutes of the National Court's Symposium on Maintaining Rural Stability in Criminal Trials: "Fugitives in joint criminal cases should not be included as defendants in civil lawsuits."
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