Legal basis: Article 565 of the Civil Procedure Law of People's Republic of China (PRC). Parties to civil litigation enjoy equal litigation rights. When trying civil cases, the people's courts shall guarantee and facilitate the parties to exercise their litigation rights, and all parties are equal in the application of laws. Therefore, the court should not deprive citizens of the right to safeguard their legitimate rights and interests because the defendant is detained.
After examining the relevant materials of the plaintiff, the people's court shall accept the case if it considers that it meets the conditions for filing a case. After accepting the case, the following facts shall be ascertained and dealt with according to different situations:
1. If a criminal case has an impact on a civil case, the civil case shall be tried after the judgment of the criminal case;
2. If it is a civil case caused by a criminal case, an incidental civil action can be filed if it meets the conditions. If the defendant is indeed detained on suspicion of committing a crime, it is more beneficial to find out the facts of the case and protect the legitimate rights and interests of both the original and the defendant by referring to the principle of criminal before civil.
3. If the criminal case has no influence on the civil case, the civil case may be tried directly without waiting for the judgment of the criminal case.