【裁判要旨】在刑事审判实践中;附带民事诉讼中部分附带民事诉讼被告人与原告人就民事赔偿能够达成调解的情况并不少见。对于这种情况是否应当允许,在审判实践中应当如何操作.对未达成调解的被告人的附带民事赔偿数额应当如何判决.在实践中作法不尽一致。本案例对这种情形的附带民事调解如何规范进行了探索,并从法理依据上和实践效果上进行了论证,具有一定的借鉴意义。 In the practice of criminal trial, it is not uncommon for some defendants in civil incidental incidental civil suit to reach an agreement with the plaintiff on civil compensation. As to whether this situation should be allowed or not, what should be done in the trial practice and how to decide the amount of incidental civil compensation for the defendants who have not reached the mediation. This case has probed into how to regulate the incidental civil mediation in this kind of situation, and has argued from the legal basis and the practical effect, which is of certain reference significance.