Through the comparative research on the mode of penal action,this article says,there are some reasons about the existence of penal a ction, as to some problems existing in it,we can solve them through improve-ment and perfection.

• 通过对刑事附带民事诉讼模式的比较研究,本文认为,刑事附带民事诉讼存在有其合理的必然性,至于该制度存在一定的问题可以通过改进与完善途径加以解决。