司法实践中,行政机关工作人员执行职务致人伤亡构成犯罪时,受害人或其近亲属要求国家赔偿只能另行向法院提起行政赔偿诉讼,给当事人造成诸多不便,不利于纠纷的及时解决。我们从简化诉讼程序,提高诉讼效率,便利当事人诉权行使的角度出发,论述建构刑事附带行政赔偿诉讼制度的必要性和可行性。 In judicial practice, when a victim of an administrative organ’s execution of his job constitutes a crime, his claim that the victim or his close relatives claim the state compensation can only bring an administrative compensation lawsuit separately to the court, causing many inconveniences to the party and preventing the timely resolution of the dispute. From the perspective of simplifying litigation procedure, improving the efficiency of litigation and facilitating the exercise of the right of litigants, we discuss the necessity and feasibility of constructing the system of litigation with administrative compensation.