刑事附带民事诉讼调解:问题与对策

Mediation in Pertaining Civil Action to Criminal Procedure: Problems and Solutions

在刑事司法轻刑化运动的推动下,刑事附带民事诉讼调解近年来在司法实践中备受青睐。但由于刑、民立法对刑事附带民事诉讼调解制度均不重视,相关立法相当粗疏,导致该制度实际运作中存在一些问题,影响了其功能发挥。鉴于刑事附带民事诉讼与普通民事诉讼存在种种差异,我国立法应对其设计特别的调解程序规则。

With the development of the light-punishment movement of criminal justice, mediation in pertaining civil action to criminal procedure enjoys high favor among judicial practices in recent years. Inadequate attention, however, given by both criminal legislation and civil legislation, resulted in many problems in the operation of the system, which influences its proper functioning. The mediation in pertaining civil action to criminal procedure being so much different from that in general civil action, particular mediation procedural rules should be instituted in the legislative amendments of criminal procedure law.