刑事附带民事诉讼有多种模式,实践中得到广泛实践的是“先民后刑”模式。这种模式虽然没有得到立法的确定,但在实践中得到广泛应用。其存在有其正当性。赔偿协议的适用应加以扩大至检察机关依职权提起附带民事诉讼的应用中。 There are many kinds of models attached to criminal suit and civil litigation, and the widely practiced practice is the “Ancestors and Later Punishment” model. Although this model has not been confirmed by legislation, it has been widely used in practice. Its existence has its legitimacy. The application of the compensation agreement should be extended to the application of procuratorial organs to bring incidental civil actions according to their functions and powers.