刑民交叉案件的处理方法

The Method of Handling Cross-cases Related to Criminal and Civil Procedure

刑民交叉案件是指案件的性质既涉及刑事法律关系又涉及民事法律关系,二者之间存在相互交叉和影响的案件,或者根据同一法律事实因所涉及的法律关系一时难以确定是刑事法律关系还是民事法律关系的案件。有关“刑民交叉”案件的处理问题十分突出,既是司法实务的难点也是社会关注的热点。从具体的司法实践来看,“先刑后民”“先民后刑”“刑民并行”地处理“刑民交叉”案件各有利弊。无论采用哪种方法处理“刑民交叉”案件,最终的目的是要保证司法的公平和正义。

The cross-case refers to the case where the nature of the case involves both criminal legal relationship and civil legal relationship. There are cases in which the two have mutual crossovers and influences, or it is difficult to determine the criminal legal relationship according to the legal relationship involved in the same legal fact. It is also a case of civil legal relations. The handling of the cross-case is very prominent, and it is not only a difficult point of judicial practice but also a hot spot of social concern. Judging from the specific judicial practice, the operation of “Criminal procedure prior to civil procedure”,“Civil procedure prior to criminal procedure” or “Criminal procedure parallels civil procedure” has their pros and cons in dealing with cross cases. Regardless of the method used to deal with cross cases, the ultimate goal is to ensure fairness and justice in the judiciary.