Article 1 of the Provisions on the Scope of Criminal Incidental Civil Litigation issued by the Supreme People's Court in 2000 (hereinafter referred to as the Scope of Criminal Incidental Civil Litigation) stipulates: "If a criminal suffers material losses due to his violation of personal rights or destruction of property, he may file an incidental civil lawsuit." Article 5: "If a criminal illegally occupies or disposes of the victim's property, thus causing material losses to the victim, the people's court shall recover it according to law or order it to make restitution. The people's court may consider the situation of recovery or restitution as a sentencing circumstance. If the loss cannot be made up after recovery or restitution, the people's court may accept the case if the victim files a separate civil lawsuit with the civil court of the people's court. "
As can be seen from the above provisions, only when personal rights are violated by crimes and material losses are suffered, or property is damaged by criminals and material losses are suffered, can an incidental civil action be filed. In cases of property infringement in which criminals illegally occupy or dispose of property, the case-handling organ shall recover the material losses of the victims or order them to make restitution. If it is impossible to make up for the losses after recovering or ordering restitution, a separate civil lawsuit may be filed.