目前,在司法实践中,审理附带民事诉讼的公诉案件存在一种倾向,既重民事轻刑事,只要在经济上多作赔偿,刑事上便可以从轻或者减轻处罚,赔偿越多,量刑越轻。有人甚至主张将此规定在刑法之中,作为从轻或者减轻刑罚的一种法定情节。笔者对此不能苛同,认为民事赔偿不是、也不应当是从轻或者减轻刑罚的法定情节。刑事责任的轻重应依照刑法所确认的行为社会危害性程度来衡量,民事赔偿的数额不能影响法定量刑,应当罚当其罪,罪 At present, in judicial practice, there is a tendency to hear public prosecution cases with incidental civil lawsuits, both civil and criminal penalties, as long as the more financial compensation, criminal penalties can be lighter or mitigated, the more compensation, the lighter sentencing . Some people even advocate this provision in the criminal law as a statutory act of lessening or reducing the penalty. I can not agree with this, that civil compensation is not, nor should be lighter or mitigating the legal circumstances. The severity of criminal responsibility should be measured in accordance with the criminal law recognized the harmfulness of the behavior of society to measure the amount of civil compensation can not affect the legal sentencing should be punished for their sins,