附带民事诉讼制度的二元冲突及协调

The Conflict in the Incidental Civil Action and its Harmonization

同一事实所引起的刑事诉讼与民事诉讼存在一定的重合。这构成了民事诉讼"附带"于刑事诉讼中解决的基础,也使附带民事诉讼呈现出依附性与独立性的二元冲突属性。寻求这两种属性的适当平衡,并且对它们的冲突予以合理协调,是在附带民事诉讼制度的设计与运行过程中必须考虑的因素。但是,在我国的附带民事诉讼制度中,没有予以充分重视,导致出现了一系列的问题,需要及时解决。

There is partial coincidence between the criminal proceedings and the civil suit caused by the same crime, which makes it possible to attach the civil suit to the criminal proceedings. Meanwhile, it makes the civil suit collateral to criminal proceedings appear the dual and conflicting properties of dependence and independence. In the process of designing and applying of the system of civil suit collateral to criminal proceedings, we must consider how to seek appropriate balance of the two properties and how to harmonize their conflicts reasonably. However, in the system of civil suit collateral to criminal proceedings of China, insufficient attention has been paid to this issue, which leads to a series of defects in the system. To make full use of the system in China, we must perfect it.