刑民交叉问题的适用原则与法治路径

The Application Principle and Rule of Law Approach to the Overlap of criminal Law and civil law

刑民分立的立法模式要求合理界分刑法调整的社会关系与民事法调整的社会关系,以满足法律规范责任形式的差异性。但囿于现实生活中违法行为的复杂多样,刑民法律在规制同类社会关系时出现了交叉现象,影响了对同一行为适用法律规范的得当选择。以罪刑法定、刑法谦抑原则以及民事关系前置原则为指导,改进立法技术、规范应用性解释,是协调刑民法律规制交叉情形的基本路径。

The divided legislation pattern between criminal law and civil law requires the reasonable division of the social relations adjusted by the criminal law and civil law, so as to satisfy the difference between various legal liabilities. However, the illegal behaviors in real life are complicated. There are some interlace phenomena in the criminal law and civil law when regulating similar social relations, which affect the application of proper law to the same conduct. The basic approach to coordinate the criminal law and civil law is to take ＂the principle of legality＂, ＂the principle of suppression in criminal law＂ and ＂the priority principle of civil law relationship＂ as a guide, to improve the legislative techniques, and regulate the application of the law＇ s interpretation.