question 1: can you apply for enforcement if you order restitution? 1. from the legal nature, "ordering restitution" belongs to civil compensation in essence. "Ordering restitution" is a compensation method to restore the victim's legal property to its original state after it is illegally occupied by criminals. The so-called "return" means to recover the original illegal gains from criminals and return them to the victims; The so-called "compensation" is to enforce the legitimate property of criminals according to the amount of compensation determined by the judgment to make up for the losses of the victims in the case of insufficient return. The subject matter of "ordering restitution" is the property illegally obtained by criminals, and the property is still returned to the victim after restitution, which is essentially different from "fine" and "confiscation of property", so it does not belong to the category of property punishment in nature. Although according to the provisions of the Criminal Procedure Law that "the victim has the right to file an incidental civil action in the course of criminal proceedings because of the defendant's criminal behavior", all the material losses suffered by the defendant can be filed an incidental civil action, because Article 64 of the Criminal Law stipulates that the economic losses suffered by the victim can be made up by recovering and returning or ordering restitution, such criminal cases are excluded from the incidental civil proceedings. Therefore, ordering restitution belongs to civil compensation in essence. It is precisely because its legal nature belongs to civil compensation that many countries have included it in the track of incidental civil litigation or civil litigation, and there is no other provision to order restitution. It can be seen that "ordering restitution" and bringing a lawsuit are both ways to remedy the victims' rights, but they just appear in another form.

second, from the perspective of compulsory execution, "ordering restitution" has certainty and execution. "Ordering restitution" is a judgment made by the people's court to order the defendant to return compensation after confirming the fact that the victim suffered losses due to the illegal possession and disposal of his property according to the ascertained facts and the principles determined by the criminal substantive law in the trial of criminal cases. It is the final substantive disposal for the criminals when the related property illegally obtained does not exist. This includes the confirmation of the victim's property losses and the defendant's responsibility for it, which should be regarded as the evidence for the people's court to make a judgment on specific facts and the victim to further exercise his rights. As the property part related to the crime in the main text of the judgment, the content of the penalty part also has the compulsory power of the state, not just the confession of the principle of handling the property related to the crime by the state, and it is hard to imagine a court judgment without the compulsory power of the state. And the national coercive force determines its executive power. Therefore, if the defendant is slow to perform the judgment, the victim should be able to apply to the court for compulsory execution. Moreover, Article 21 of China's Civil Procedure Law clearly stipulates that "legally effective civil judgments and rulings, as well as the property part of criminal judgments and rulings, shall be executed by the people's court of first instance". Criminal judgments with the content of "ordering restitution" are naturally among them. The Provisions of the Supreme People's Court on Several Issues Concerning the Execution of People's Courts (Trial) does not clearly list criminal judgment who has the content of "ordering restitution", which obviously does not conform to the relevant provisions of the Civil Procedure Law.

third, starting from the principle of litigation economy, it is suspected of "one thing and two reasons" to sue separately. It is the duty of the judiciary to prevent criminals from obtaining benefits through illegal crimes. For any criminal act involving money and stolen goods, if only the personal freedom or life of the criminal is punished, and the money and stolen goods related to the crime are not recovered, ordered to make restitution, returned or confiscated according to law, then the material losses caused by the criminal act to the society cannot be recovered, and such a criminal judgment is incomplete and unfair. Therefore, if the property illegally obtained by criminals belongs to the victim, it should be returned to the victim after the compensation is recovered. If the victim's rights are realized after recovery or restitution, it is naturally unnecessary to file an incidental civil lawsuit or a separate civil lawsuit. If the loss cannot be made up after recovery or restitution, the possibility of realizing rights through civil litigation is very small. Because it is still difficult to implement it after it is confirmed by civil procedure, it has no practical significance. What's more, even if the victim brings a civil lawsuit within the limitation of action, there are many problems in carrying out civil litigation because criminals have often served their sentences in different places or even been executed. If it is necessary to file another civil lawsuit to remedy the losses suffered by the victim, it will be a waste of money and not good for the victim. Moreover, the defendant's illegal income belongs to the factual part of the criminal case, which is related to the defendant's conviction and sentencing, and has been investigated after the trial of the criminal case ..... > >

question 2: what has been obtained from the violation of discipline should be confiscated or ordered to return compensation; what has been obtained from the violation of discipline (economic benefits) should be confiscated or ordered to return compensation

question 3: what has been obtained from the violation of discipline should be confiscated or ordered to return compensation should be severely punished.

China * * * Regulations on Disciplinary Actions (216)

Article 2 Those who are punished for intentional violation of discipline and should be disciplined for intentional violation of discipline shall be severely punished.

after party member was disciplined by the party discipline, it was found that his disciplinary actions before being disciplined should be disciplined by the party discipline, which should be severely punished.

Question 4: What is obtained from the violation of discipline should be confiscated or ordered to return the property

Question 5: How to deal with the case of ordering to return the compensation in criminal cases? According to the provisions of the new Criminal Procedure Law of the Supreme Court, if the property is illegally occupied and disposed of by the defendant, the victim should recover the economic loss by recovering the illegal money, stolen goods or ordering to return the compensation, and it is not allowed to attach a civil lawsuit or file a separate civil lawsuit after the criminal lawsuit. According to this regulation, the defendant should be ordered to make restitution in the criminal judgment of the case of property infringement. The judgment of ordering restitution should also be used as the basis for execution. Otherwise, it is tantamount to depriving the victim of the right to appeal.

article 64 of the criminal law: stolen goods and fines shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal belongings used for committing crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.

interpretation of the criminal procedure law of the supreme court article 139 if the defendant illegally occupies or disposes of the victim's property, he shall recover it according to law or be ordered to make restitution. If the victim brings an incidental civil action, the people's court will not accept it. The circumstances of recovery and restitution can be considered as sentencing circumstances.

Question 6: What has been obtained from the violation of discipline should be confiscated or ordered to be returned. This is about the handling of criminal articles. Article 64 of the Criminal Law of the People's Republic of China stipulates that all the property illegally obtained by criminals should be recovered or ordered to be returned. The lawful property of the victim shall be returned in time; Contraband and personal belongings used for committing crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.

question 7: the illegal income shall be recovered and returned to the victims, and the insufficient part shall be ordered to be refunded. How to understand it depends on the actual loss suffered by the victims and the actual amount of compensation obtained. The right to compensation for damages can be claimed and realized through civil litigation. However, if an incidental civil action has been brought in the trial of a criminal case and the incidental civil part is judged in the judgment, no civil action can be brought again.

Question 8: How to write a written order for restitution in a * * * accomplice crime 1. Legal basis Article 77 of the Criminal Law stipulates that if a declared criminal commits a new crime within the probation period of probation or finds that there are other crimes that have not been decided before the verdict is pronounced, his probation shall be revoked, and a judgment shall be made on the newly committed crime or the newly discovered crime, and the penalties imposed for the former crime and the latter crime shall be in accordance with the provisions of Article 69 of this Law.

2. Example of expression: Wenzhou Intermediate People's Court of Zhejiang Province-Decision on Criminal Matters -(215) Zhewen Criminal Final Word No.563

The former public prosecution organ was Cangnan People's Procuratorate of Zhejiang Province.

Appellant (defendant in the original trial) Yu Chang 'an. Now detained in Cangnan County Detention Center.

Appellant (defendant in the original trial) Xiao, who is currently detained in Cangnan County Detention Center.

The Cangnan County People's Court of Zhejiang Province tried the case in which the Cangnan County People's Procuratorate accused the defendants Yu Chang 'an and Xiao Mou of committing fraud in the original trial, and made a criminal judgment (214) Wen Cang Xing Chu Zi No.1422 on March 16th, 215. The defendants in the original trial, Yu Chang 'an and Xiao Mou, refused to accept the appeal. Our court formed a collegial panel according to law. After reading the papers and interrogating the appellant, it decided not to hold a trial because the facts were clear. The trial is now over.

It was found in the original judgment:

1. On April 18th, 213, after the defendant Xiao Mou and "Adong" (handled separately) conspired to rent a vehicle for mortgage loan, Xiao Mou went to Hongxin Car Rental of Chen Mou B, No.348 Yongning Road, Oubei Town, Yongjia County to rent a Zhejiang C c××××× car (worth 182,44 yuan). The car involved has now been taken back by the victim.

2. On May 29th, 213, the defendant Yu Chang 'an, together with Jin Shunliang (handled separately) and Ding Mingjun (unknown), conspired to rent a vehicle for mortgage loan, and Yu Chang 'an pretended to be Chen Xianhu as the actual lessee, and went to Wenzhou Zhongxin Car Rental Co., Ltd. of the victims Liu and Cai at No.49, Yongzhong Luodong North Street, Longwan District, Wenzhou City to rent the Zhejiang C of the victim Liu. Later, Jin Shunliang forged motor vehicle driving license, ID card and other materials, and in the name of the owner Liu, Yu Chang 'an made a mortgage loan of 36, yuan to the victim Chen Moujia. The car involved has now been taken back by the victim.

3. On June 14th, 213, Yu Chang 'an, together with Ding Mingjun, went to Zhongxin Car Rental Co., Ltd., No.49, Luodong North Street, Yongzhong, Longwan District, Wenzhou City. Yu Chang 'an impersonated Chen Xianhu as the actual lessee, and Ding Mingjun signed a lease contract, defrauding the victim Cai's Zhejiang C c××××× Toyota off-road vehicle (. After that, Yu Chang 'an mortgaged the car to Chen Moujia and borrowed 36, yuan for gambling. The car involved has now been taken back by the victim.

the evidences to confirm the above facts are: the statements of the victims Chen Mou B, Liu, Cai and Chen A, the second-hand car sales contract, personal loan contract, vehicle handover to settlement book, driver's license, price appraisal opinions, criminal judgment, administrative punishment decision, release certificate, the process of bringing the case to justice, demographic information, and the confessions of the defendants Xiao and Yu Chang 'an.

The court of first instance found that the defendant Yu Chang 'an was guilty of fraud, sentenced to five years and six months' imprisonment and fined 5, yuan; The defendant Xiao was convicted of fraud, sentenced to three years and six months in prison and fined RMB3,. Revoke the probation declared by the People's Court of ouhai district, Wenzhou City, Zhejiang Province (213) No.542 criminal judgment of Wen 'ou Criminal Chu Zi; He was sentenced to six months in prison with the original crime of credit card fraud, and was fined 2, yuan. He decided to execute three years and nine months in prison and fined 5, yuan; The defendant Yu Chang 'an * * * was ordered to pay back the illegal income of RMB 72,, and the defendant Xiao Mou * * * paid back the illegal income of RMB 46,5, all of which were returned to the victim Chen Moujia.

Yu Chang' an, the defendant in the original trial, appealed that (1) in the second section, he didn't go to Zhongxin Car Rental Company to rent a car, but he only provided a guarantee for Jin Shunliang's loan; (2) in the third section, he instructed Ding Mingjun to rent a car because he didn't have a driver's license, so renting a car was convenient for gambling and he didn't plan to use the car as a mortgage; And at the time of borrowing, the victim Chen Moujia was informed that the vehicle was leased, and the interest of 12, yuan for three months had been paid continuously; In addition, identification ... > >

Question 9: If a criminal case is ordered to make restitution, will the court seal up the property? Lawyer's answer: Article 5 of the Provisions of the Supreme People's Court on the Scope of Criminal Incidental Civil Proceedings stipulates that if a criminal illegally occupies or disposes of the victim's property, causing him material losses, the people's court shall recover it according to law or order him to make restitution. The people's court may consider the situation of recovery or restitution as a sentencing circumstance. At the same time, the Guiding Opinions on Sentencing in the Supreme People's Court (for Trial Implementation) (Fa Fa Fa [21] No.36) stipulates that for returning stolen goods and compensation, the basic penalty can be reduced by less than 3% by comprehensively considering the nature of the crime, the extent to which the behavior of returning stolen goods and compensation can make up for the damage, the amount and initiative of returning stolen goods and compensation.

Question 1: If the defendant fails to make restitution to the victim, should he be ordered to make restitution in criminal judgment, otherwise the victim will have no other remedy.