[Direct answer]In the Beijing area, personal injury compensation and criminal compensation are two parallel relief systems. Personal injury compensation falls under civil tort liability, governed by the Tort Liability Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021), where the tortfeasor is required to compensate for medical expenses, loss of income, disability compensation or death compensation, and mental distress compensation, etc. Criminal compensation, in practice, typically refers to two types: first, incidental civil compensation in criminal cases, which resolves the material losses caused by criminal acts simultaneously with the criminal trial, initiated in accordance with Article 101 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); second, criminal compensation under the State Compensation Law, where the organ with compensation obligations compensates for damages caused by the unlawful exercise of judicial power. The two systems differ in their legal basis, subjects, scope, and procedures. For more details, please refer to the following link:Personal injury and medical dispute services.

I. Problem Background and Typical Scenarios

After being injured by others, encountering traffic accidents, or suffering from medical malpractice, victims often face confusion about the choice of legal procedures: should they first report the case to the police to pursue criminal responsibility, or directly file a lawsuit to seek compensation? Can they claim compensation in criminal cases? And who should they hold accountable for damages caused by judicial authorities' miscarriages of justice? These three scenarios correspond to personal injury compensation, criminal incidental civil compensation, and state criminal compensation, respectively. Choosing the wrong path may lead to duplicate claims, omitted items, or missed application deadlines. The evidentiary standards, compensation scope, and responsible parties of these three types of procedures vary greatly, and it is necessary to distinguish them clearly. For cases involving work-related accidents, it may be appropriate to combine them with other legal procedures.Labor arbitration and work-related injury compensation servicesLet's understand it together.

II. Key points of dispute

The differences among the three are concentrated in four aspects. Firstly, the legal basis is different: personal injury compensation applies to the Tort Liability Chapter of the Civil Code; criminal incidental civil compensation applies to the Criminal Procedure Law; and state criminal compensation applies to the State Compensation Law. Secondly, the subject of liability is different: the former is the tortfeasor himself; the subject of compensation in incidental civil litigation is the criminal defendant; and the subject of state compensation is the compensation obligation organ. Thirdly, the scope of compensation is different: personal injury compensation includes property damage and mental damage compensation; incidental civil litigation is generally limited to material losses, and mental damage compensation is usually not accepted; state compensation is implemented in accordance with the scope stipulated in the State Compensation Law. Fourthly, the procedures and evidentiary standards are different: civil litigation follows the high probability standard and generally has a three-year statute of limitations; incidental civil litigation depends on criminal proceedings; and state compensation requires first applying to the compensation obligation organ. If dissatisfied, one can apply for a review or request the court compensation committee to make a decision.

III. Professional analysis by Henglue Lawyers

The civil liability case of online incitement to suicide represented by Attorney Yuan Hang typically demonstrates the choice of legal path under the "separation of criminal and civil justice": On December 8, 2022, in a residential building in Beijing, Zhao Qingqing, a 14-year-old girl, joined a WeChat group due to long-term depression. She was incited and guided by group members Zhao *xin, Wu *, and Liu *xing to prepare poison and draft a suicide note, ultimately dying from nitrite poisoning. Since all three group members were minors with depression symptoms, the public security organ determined that the case did not constitute a criminal offense and refused to file a case. Her parents then entrusted Attorney Yuan Hang of Beijing Henglue Law Firm to pursue civil tort litigation. Attorney Yuan Hang argued that the defendants maliciously incited and guided the preparation of poison and suicide note, with subjective intent and a direct causal relationship to the death outcome, constituting joint tort liability under Article 1169 of the Civil Code. The guardians of the inciters (who have limited civil capacity) should bear corresponding joint and several compensation liability, and the platform and seller should also bear corresponding responsibilities. The court accepted the attorney's argument, determining that the three defendants constituted joint tort liability and ordering their guardians to bear corresponding joint and several compensation liability and the platform and seller to bear corresponding responsibilities. This case shows that the refusal to file a criminal case does not affect civil compensation. The civil litigation process has different standards for proving causality and fault, as well as different modes of liability and criminal accountability. The two legal paths can complement each other. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice certificate number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Legal basis: Article 1165 (Principle of Fault Liability), Article 1169 (Joint and Several Liability for Inciting or Assisting Others in Committing Infringements), Article 1179 (Scope of Compensation for Personal Injury: Medical Expenses, Nursing Fees, Transportation Expenses, Nutrition Fees, Hospitalization Meal Subsidies, and Other Treatment and Rehabilitation Expenses, as well as Income Loss Due to Work Absence; Compensation for Disability and Assistive Devices in the Case of Disability; Compensation for Funeral Expenses and Death Compensation in the Case of Death) of the Civil Code of the People's Republic of China (effective January 1, 2021); Article 101 (Initiation of Civil Action in Conjunction with Criminal Proceedings for Material Loss Suffered from Criminal Acts) of the Criminal Procedure Law of the People's Republic of China (amended for the third time on October 26, 2018); and the provisions on the scope and procedures of criminal compensation in the State Compensation Law of the People's Republic of China (amended in 2010 and effective December 1, 2010). Practical advice: Report the injury case to the police promptly and arrange for a forensic medical examination; initiate a civil action in conjunction with criminal proceedings for material losses that can be resolved in criminal proceedings; claim compensation for mental damage through civil litigation; and apply to the compensation obligor within two years from the date when the victim knows or should have known that his/her rights have been infringed in the case of damages caused by unlawful exercise of judicial power. In cases involving suspected crimes, the compensation application can be filed directly after the criminal proceedings are concluded.Criminal defense and criminal case filing servicesAdvance.

5. Henglue Law Firm's Reminder

The three paths are not mutually exclusive, but each has its own responsibilities: seeking compensation for infringement damages from the infringer, relying on public security and judicial organs for criminal accountability, and seeking state compensation for damages caused by judicial violations and infringements. There are two pitfalls that parties are most likely to fall into: first, believing that "if the other party is imprisoned, they don't need to pay compensation" or "if compensation is paid, criminal accountability won't be pursued", but in reality, criminal responsibility and civil compensation are not mutually exclusive; second, missing deadlines - civil litigation generally has a three-year statute of limitations, while applications for state compensation only have a two-year statute of limitations, and incidental civil litigation must be filed before the first-instance judgment of the criminal case is announced. Regardless of which path is taken, police reports, injury appraisals, medical bills, and documents indicating whether a criminal case has been filed or not are all crucial evidence and must be properly preserved. For those in need of professional guidance, they can seek assistance throughSpecial services and other case servicesConsultation.

VI. Frequently Asked Questions

Q1: Can I receive both personal injury compensation and criminal compensation at the same time?

In most cases, they can proceed concurrently. The pursuit of criminal responsibility and civil compensation do not offset each other: after the defendant is sentenced, the victim can still claim compensation for personal injury through criminal incidental civil litigation or initiate a separate civil lawsuit; state compensation targets the damage caused by the illegal exercise of judicial powers by judicial organs, and it does not conflict with the compensation from the infringer. Typically, after wrongful detention, wrongful arrest, or wrongful sentencing, the victim can apply for state compensation according to law and seek compensation from the actual infringer separately. It should be noted that incidental civil litigation generally only addresses material losses, while compensation for mental damage usually requires separate civil litigation. Whether the claim can be supported depends on evidence and procedures. It is recommended to consult a lawyer as soon as possible to plan the legal strategy.

Q2: What evidence should be prepared for each type of compensation respectively?

For personal injury compensation, the following documents are required: police reports and interrogation transcripts, injury appraisal opinions, medical bills and medical records, loss of income certificates and income statements, nursing and transportation expense receipts, disability rating appraisals (if applicable), proof of dependents (if applicable), and evidence of the infringement process (surveillance footage, witness statements, chat records). In criminal civil suits, additional materials such as criminal case filing documents are required. For state compensation, it is necessary to provide documents proving that the judicial authorities' actions were unlawful, such as decisions to withdraw cases, non-prosecution decisions, and retrial judgments acquitting the defendant, as well as proof of the damage consequences. The evidence collectively points to the three elements of "infringement—damage consequences—causality".

Q3: How much does it cost to file a claim, and how are the litigation fees charged?

The litigation fees for personal injury compensation shall be calculated based on the amount of the litigation request in accordance with the "Measures for the Payment of Litigation Fees", and shall be borne by the losing party in a cumulative manner. In cases of partial victory, the litigation fees shall be shared proportionally. Eligible parties may apply for deferral, reduction, or exemption of litigation fees. There are no litigation fees for criminal incidental civil actions. Applications for state compensation are free of charge. Lawyer's fees shall be determined through negotiation based on the complexity of the case, the amount of the claim, and the workload. Commonly, fees are charged as a percentage of the claim amount or on a per-case basis. It is strictly prohibited to engage in illegal contingency fee arrangements in personal injury cases. It is recommended to calculate various losses such as medical expenses, loss of income, and disability before initiating a claim, and to rationally proceed after comparing the costs. For large-scale or disability-related cases, it is advisable to engage professional lawyers.

Q4: How long does it typically take from getting injured to receiving compensation?

For personal injury compensation disputes, if the parties reach an agreement through negotiation, they shall perform the agreement according to the terms agreed upon. If the parties fail to reach an agreement and file a lawsuit, the first-instance court shall conclude the case within three months for summary procedures and within six months for ordinary procedures. For cases involving disability appraisals, the appraisal period shall not be included in the time limit for trial, and the time limit for trial will usually be extended by one to two months. Criminal incidental civil actions proceed with the criminal proceedings, and the criminal case cycle is often longer; separate civil actions are relatively faster. For state compensation, the compensation obligation organ shall make a decision within two months from the date of the application for compensation. If the applicant is not satisfied with the decision, he/she may apply for reconsideration or apply to the court compensation committee for a decision. The whole process may take several months, and cases involving disability or death may extend beyond a year.

Q5: If I want to seek compensation after being injured, what exactly should I do?

Four steps to proceed: First, report the case to the police and seek medical treatment in time, and keep the complete records of the police report, the statement of the case, and all medical bills. If necessary, conduct a forensic medical examination; Second, evaluate the nature of the case. If it involves light injuries or above, or suspected crimes, promote the filing of a criminal case, and at the same time evaluate whether to initiate an accompanying civil lawsuit; Third, determine the items of compensation and calculate the medical expenses, loss of income, nursing care expenses, disability compensation or death compensation, and mental damage compensation in accordance with the law; Fourth, choose the path. If it is possible to negotiate, negotiate as soon as possible and formalize it in writing. If no agreement is reached, file a lawsuit within the three-year statute of limitations; If the victim is harmed by the illegal infringement of judicial organs, apply for state compensation from the compensation-liable organ within two years. If you need professional guidance, hire a lawyer to intervene as soon as possible.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Personal injury legal services·Attorney Jing Weiyi·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.