刑事附带民事诉讼由于其特殊的性质使它既不同于刑事诉讼,与民事诉讼又有差别。在共同犯罪案件附带民事诉讼中,对于各共犯对赔偿数额承担何种责任,分案审理的共同犯罪案件在附带民事诉讼判决书中如何确定被告人,对赔偿数额是否可以要求另案共犯一同承担等问题,由于立法的缺失在司法实务中经常产生争议。 Due to its special nature, criminal incidental civil action makes it not only different from criminal procedure but also different from civil procedure. In the civil lawsuit incidental to the common crime case, it is the responsibility of the accomplice on the amount of compensation, how to determine the defendant in the incidental civil lawsuit as well as whether the amount of compensation can be claimed by the accomplices in other cases Due to the lack of legislation, there are often disputes in judicial practice.