中法刑事附带民事诉讼制度比较研究

Comparative Study of Criminal with Civil Litigation System between in China and in French

我国与法国都存在刑事附带民事诉讼制度,但在法律规范层面、现实运作方面尤其是在制度设计的理念上存在巨大差异。我国由于设计理念上的偏差使得刑事附带民事诉讼制度在实践中出现了种种混乱。通过比较可知,我国刑事附带民事诉讼制度改革的关键乃在于加强民事救济的独立性和强化私权保护的现实性。

There is criminal with civil litigation system both in China and in French. But there are many differences in legal norms and practical application, especially in the design concept of the system. Because of the wrong design concept in our system, there have been all kinds of chaos in practice. By comparison we can see the key to reform of our criminal with civil litigation system is to strengthen the independence and strengthening of civil remedies to protect the private rights.