共同犯罪属于典型的共同侵权,各共同犯罪人应按照共同侵权行为的规则对被害人承担连带赔偿责任。司法实务中部分同案犯在逃的情况下,是否应根据我国民事诉讼规则的必要共同诉讼原理,将所有共犯列为附带民事诉讼的共同被告进行统一审理统一判决存在争议。笔者认为,共同犯罪引起的赔偿诉讼应为类似必要共同诉讼,是可分之诉,受害人享有被告选择权,可以只以其中的部分或个别致害人作为被告,要求部分致害人先行赔偿。 The common crime belongs to the typical joint infringement, and the joint criminals should bear joint and several liability for compensation to the victim according to the rules of joint infringement. In the judicial practice, some of the co-criminals fled, whether the civil litigation should be based on the principle of the common litigation, all accomplices listed as civil defendants in the common trial uniform judgment. The author believes that the common lawsuit caused by compensation for compensation should be litigation is similar to the necessary, is a sub-litigation, the victim has the right to choose the defendant, only one or a few of them as the defendant, requiring some of the victims of the first compensation .