在审理刑事附带民事诉讼案件时,坚持在严惩罪犯的同时,充分利用法律赋予的调解职能,围绕刑事诉讼这一主线,克服就案办案思想,积极调解,使刑事责任和民事责任相容相济,通过调解使二者在法律与情理上得到互补,从而达到被告人服判、被害人息诉的良好效果。从近年来的司法实践看,初犯、过失犯、未成年犯等刑事案件和邻里纠纷引发的刑事案件也不在少数,通常像这类犯罪,被告人和被害人没有太深的过节,被告人愿意通过赔偿希望得到从宽处理,而被害人也愿意得到经济上的赔偿,谅解 While hearing criminal incidental civil lawsuit cases, we should adhere to the principle of severely punishing criminals while making full use of the mediation function conferred by law. We should work around this principle of criminal procedure to overcome the ideology of dealing with cases and mediating cases and make the criminal responsibility and civil liability compatible , Through the mediation so that the two are complemented by law and reason, so as to achieve the good effect of the defendant serving sentence, the victim’s interest. Judicial practice in recent years, criminal cases of first-time offenders, delinquents, juvenile delinquents and other neighborhood disputes are also rare, usually like such crimes, the defendant and the victim is not too festive, the defendant is willing to pass The compensation is expected to be treated leniently, while the victims are also willing to receive financial compensation and understanding