我国的刑事诉讼与附带民事诉讼存在差异,被害人由于被告人的犯罪行为而遭受的物质损失附带于刑事诉讼加以解决,不利于诉讼效率的提高,无法更好地保证案件质量,无法充分保护私权,无法满足现实需求,也不利于司法正义的实现,因此附带民事诉讼与刑事诉讼有分离的必要。 There are differences between our country’s criminal proceedings and incidental civil actions. The material losses suffered by the victims due to the criminal acts of the defendants are attached to the criminal proceedings to be resolved, which is not conducive to the improvement of litigation efficiency, unable to better guarantee the quality of the case and can not fully protect the private rights , Unable to meet the actual needs, is not conducive to the realization of judicial justice, incidental civil litigation and criminal proceedings are separated from the need.