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诉权本身具有宪法权利属性,刑事诉权也不例外。刑事附带民事诉讼的本质是一种民事诉讼,它具有四面立体结构关系。我国刑事附带民事诉讼制度在实然层面有诸多程序性缺陷,需要对其程序架构进行重新检讨,以确立应然的价值目标,在此基础上都确定制度改革的基本方向和原则。同时在基本原则指导下需要从关照被害人利益保护的角度对现行制度进行完善。
The right of action itself has the constitutional rights and the criminal right of action is no exception. The essence of criminal incidental civil lawsuit is a kind of civil lawsuit, which has the three-dimensional structure relation. The system of civil incident incidental criminal incident in our country has many procedural flaws at the level of reality. It is necessary to re-examine its procedural framework so as to establish the due value goal. On this basis, the basic direction and principles of the system reform should be determined. At the same time, under the guidance of the basic principles, the existing system needs to be improved from the perspective of protecting the interests of victims.