The Function of Procedure for Ordering Return and Compensation and Its Relationship with Civil Litigation Procedure
The measure for ordering return and compensation stipulated in the Article 64 of the Criminal Law is a criminal entity disposal measure that forces the perpetrator to return illegal gains and give compensation to the victim,rather than a civil relief measure for the victim's property losses.Correspondingly,the procedure for ordering return and compensation is a criminal litigation procedure initiated based on the application of the procuratorial organ,aimed at depriving the perpetrator of illegal gains,rather than a civil litigation procedure aimed at providing relief for the victim's property losses.Based on this function,the procedure for ordering return and compensation only excludes the victim from initiating a civil litigation within the scope where the illegal gains of the perpetrator are the losses of the victim.In instances where the victim's losses are not the illegal gains of the perpetrator,where other people bear civil liabilities for the victim's losses,and when the court ruling fails to establish a causal link between the victim's losses and the perpetrator's illegal gains due to evidence reasons,the victim is entitled to initiate a civil litigation.However,the connection between the procedure for ordering return and compensation and the civil litigation procedure should be properly handled.
procedure for ordering return and compensationcivil litigation procedureillegal gainsvictims'losses
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