论文部分内容阅读
《刑事诉讼法》第7章对刑事附带民事诉讼作了专章规定,因犯罪行为而遭受经济损失的被害人在刑事诉讼活动中有权提起附带民事诉讼,这在多年的司法实践中没有争议。但是,被害人可否另行提起民事诉讼,司法机关是否对被害人另行提起民事诉讼予以确认和保护?法律对此规定不够
Chapter 7 of the Code of Criminal Procedure makes a special chapter on incidental criminal proceedings. Victims who suffer economic losses as a result of criminal activities have the right to bring incidental civil actions in criminal proceedings. This is not controversial for many years in judicial practice. However, whether the victim may file another civil lawsuit or not, does the judicial organ affirm and protect the civil lawsuit filed by the victim? The law does not provide for this