论文部分内容阅读
刑事犯罪同时侵犯公民的财产和人身权益的情况在现实中是常见的、大量的,犯罪分子承担刑事责任后,并不能当然地使被害人被侵犯的民事权益得到保护和恢复,因此,刑事诉讼法规定了附带民事诉讼制度。但是,被害人若由于种种原因没有或不能在法院对刑事被告人作出判决前提出附带民事诉讼,法院也没有在对被告作出刑事判决时一并解决民事赔偿问题,被害人可否就其遭受的侵害,单独提起民事诉讼?法律没有明确规定,法院是不受
Criminal cases of infringement of citizens’ property and personal rights and interests at the same time is common in reality, a large number of criminals bear criminal responsibility, and can not, of course, make victims of civil rights violations have been protected and restored, so the Criminal Procedure Law Provides for incidental civil procedure. However, if for any reason the victim did not or could not file an incidental civil action before the court made a judgment against the criminal defendant, the court did not jointly solve the civil compensation issue when making the criminal judgment against the defendant, and whether the victim would be alone Filed a civil lawsuit? The law does not clearly stipulate that the court is not affected