附带民事诉讼制度,在保障当事人的合法权益、便利人民法院审判方面,起了十分重要的作用。统计资料表明,刑事案件受害人提起附带民事诉讼的越来越多。由于一审附带民事诉讼的增多,自然地附带民事诉讼的二审案件也相应增加。由于刑事诉讼法并没有专门规定附带民事诉讼的二审程序,使得司法实践中,二审法院对附带民事诉讼的审理存在许多分歧。本文拟就附带民事诉讼的二审中最常见的上 The incidental civil procedure system plays a very important role in safeguarding the legitimate rights and interests of the parties and in facilitating the people’s court trials. Statistics show that criminal cases involving more and more incidental civil proceedings. Due to the increase in the number of incidental civil lawsuits in the first instance, the number of second instance cases that naturally attach to civil lawsuits also increased correspondingly. Because the criminal procedural law does not specifically stipulate the second instance procedure attached to civil lawsuits, there are many differences in judicial practice between the courts of second instance and those of civil lawsuits. This article is intended to be the most common on the second instance incidental to civil lawsuits