刑事审判中民事法律关系处理

From Perspective of the Scientific Concept of Development of Innovation and Development of Public Security Education

刑事审判中民事法律关系处理影响到案件被害人的合法权益能否全部实现,实践中依照刑事附带民事制度一并处理是必须坚持的,但该制度存在不完善之处,应该从程序等方面加以完善,同时要建立与之相配合的民事先诉、国家保障等制度。在民事法律关系处理与刑罚适用的问题上,既要坚持刑法的刚性,也要考虑民事利益最大化满足,一定要以刑法目的的实现为调整前提。

How to handle the civil legal relations in criminal trials affects the realization of the victim＇s legal rights and interests. In practice, it must be dealt with in accordance with the system of civil suit collateral to criminal proceedings, But the system, being not perfect, should be improved from the procedure. The system of civil action first, the system of state guarantee should be established compatible with the system of civil suit collateral to criminal proceedings. In dealing with the civil law relations and applying penalties, it is necessary to adhere to the rigidity of the Criminal Code, but also to take into account the maximum satisfaction of civil interests, the prerequisite of which should definitely be the realization of the purpose of the criminal law.