刑民合一抑或刑民分审--刑事附带民事诉讼制度评析

刑事附带民事诉讼制度优缺点并存,并不一定利于刑事案件的正确解决和对被害人利益的保护,有违诉讼公正的原则.因此有必要借鉴刑、民分审制度的合理之处,根据具体案件的实际情况来决定通过刑民分审还是刑事附带民事诉讼程序解决被害人的损害赔偿问题.

Civil Suits and Criminal Suits, Combined or Divided?--An Analysis On the System of Criminal Suits Combined with Civil Suits

The system of criminal suits combined with civil suits embodies advantages as well as disadvantages. This article argues that such a system may not be good for proper resolution to criminal cases, neither will it be good for the protection of legal rights of the offended, which is not consistent with the principle of fairness and justice in procedural law. Therefore, it is suggested that the division system of criminal suits and civil suits be taken into consideration when dealing with specific cases. In other words, with respect to the compensation for the offended, what form will be adopted, combined or divided? It should depend on different circumstances.