“刑事附带民事诉讼”既是历史的、传统的提法，也是现行的规定，在审判实践中，也是照此办理的。但笔者认为此规定值得商榷。一、“附带民事诉讼”的立法基础不牢“附带民事诉讼”是为了方便当事人的诉讼，为了简化审判机关的诉讼程序。然而，这样考虑在理论是站不住脚的... “Criminal incidental civil lawsuit” is both historical and traditional reference, is also the current provisions, in the trial of practice, it is handled accordingly. But I think this provision is debatable. First, “incidental civil litigation,” the lack of a solid legal basis “litigation” is to facilitate the parties litigation, in order to simplify the judicial proceedings. However, such considerations are untenable in theory ...