我国现阶段的刑事附带民事诉讼制度存在严重的缺陷,结果导致了诸多理论冲突和司法实践难题。为此,重新认识它的性质和缺陷,在借鉴国外立法和司法实践的基础上,改革我国的刑事附带民事诉讼制度势在必行,本文认为,在目前条件下,不宜立即取消这一制度,而应从多方面加以完善。 At present, there is a serious flaw in the criminal incidental civil action system in our country. As a result, many theoretical conflicts and judicial practice problems have resulted. Therefore, it is imperative to reform the system of criminal incidental civil action in our country based on the reference of foreign legislation and judicial practice. This paper holds that under the current conditions, it is inappropriate to cancel this system immediately, It should be improved in many ways.