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刑事附带民事诉讼是一种特殊的诉讼形式,围绕着刑事附带民事诉讼中被告人如何确定的问题,理论界与实务部门均有不同的观点与做法。以一起典型的刑事附带民事诉讼二审案件为例,从理论上对刑事附带民事诉讼被告人的范围进行了梳理与厘清,结合司法实务提出刑事附带民事诉讼被告人的确定应区分不同的情况。
Criminal incidental civil lawsuit is a special form of litigation. Around the issue of how to determine the defendant in criminal incidental civil lawsuit, there are different views and practices between theorists and substantive departments. Take the typical second case of criminal incidental civil lawsuits as an example, the range of defendants in criminal civil incidental litigation has been combed and clarified in theory. In the light of judicial practice, it is suggested that the determination of defendants in criminal incidental civil lawsuit should be distinguished from each other.