刑事附带民事诉讼的几个问题

THE PROBLEMS OF CIVIL ACTION ATTACHED TO CRIMINAL SUIT

本文对刑事附带民事诉讼的产生和发展、刑事附带民事讼诉的性质和特点及刑事附带民事诉讼制度的意义进行了阐述。探讨了提起附带民事诉讼的主体、时间、赔偿范围及审理中如何正确运用法律的有关问题。作者提出了与通行观点不同的一些看法,认为国家财产、集体财产因犯罪行为遭受损失的,受害单位有权作为原告提起附带民事诉讼;附带民事诉讼只能向人民法院提起,而且只能在刑事案件起诉的同时或以后,而不能提前,也不是判决确定以后的执行阶段,赔偿损失的范围不能限于物质损失和直接损失。

This article deals with the emergence and development,nature and characteristics, of civil action attached to criminal suit,and also the significance of its system.Some problems about how to apply law to trying such a case are examined,such as subject,timing,scope of compensation.Differing from popular views,the author thinks that in cases where state or collective property is damaged as a consequence of crimes,the affected party has the right to take attached civil action) that such action can only be put before a people's court and can take place only during or after the criminal suit and not before,nor during the execution of judgment; and that compensation is not limited to material and direct loss but covers spiritual and indirect loss as well.