对刑事附带民事诉讼中原告与被告资格的认定

刑事附带民事诉讼兼具刑事诉讼、民事诉讼的特征,这是认定刑事附带民事诉讼的原告和被告资格的基本前提。同时,考虑到民事赔偿的本质,对特殊主体应当具体分析其在案件中所处的情况,进而确定其诉讼地位。

Analysis on the Litigant in Civil Suit Collateral to Criminal Proceedings

Civil suit collateral to criminal proceedings is an important system in criminal procedure law.This system is of great importance.It effectively protects the property of state,collective and personal from being damaged.It is convenient for the litigant to participate in the suit.And it is helpful for reducing the cost of the lawsuit.However,in the practical trail,there is dispute in affirming the litigant in civil suit collateral to criminal proceedings.There are relevant rules and regulations in our law.But they are not well explained.So there remain many problems in the definition of the litigant.