民事诉讼中民刑交叉问题的再检视——以加强被害人民事权益保护为视角

Revisiting the Intersection of Civil and Criminal Issues in Civil Proceedings: A Perspective of Strengthening the Protection of the Civil Rights and Interests of Victims

民事诉讼与刑事诉讼并非天然分离,但在现代司法环境下,出于不同的价值追求,二者势必走向分离。相对于刑事诉讼定罪量刑的根本目的而言,民事诉讼的程序价值在于向被害人提供迅速、完善的权益保护路径。从1980年以来,我国关于民刑交叉问题的立法规定缓慢地从"先刑后民"走向"民刑并进",然而现实中刑事程序对被害人民事诉权的各种不合理的阻碍亟待解决。解决民事诉讼与刑事诉讼二者重合与冲突的关键在于重构以被害人民事权益保护为核心的程序机制,具体包括扭转涉刑裁驳被滥用的趋势、厘清刑事追赃退赔在民事法律关系中的性质、通过建立民刑协调机制柔性且灵活地在个案中解决民刑交叉问题。

Civil proceedings and criminal proceedings are not naturally separated, but in modern judicial environment, they are bound to be separated due to their different value orientations. Compared with the fundamental purpose of conviction and sentencing in criminal proceedings, the procedural value of civil proceedings is to provide victims with a rapid and complete protection of their rights and interests. Since 1980, China’s legislation on the intersection of civil and criminal issues has been slowly moving from "criminal issues before civil issues" to "parallel progress in civil and criminal issues", but in reality, all kinds of unreasonable hindrance by criminal procedures to victims’ civil litigation rights needs to be resolved. On this basis, this paper believes that the key to resolving the overlap and conflict between civil and criminal proceedings lies in reconstructing the procedural mechanism with the protection of victims’ civil rights and interests as its core, which involves reversing the trend of abuse of criminal-related rulings which deny the right of civil redress, clarifying the nature of criminal recovery of confiscated property in civil legal relations, and flexibly resolving the intersection of civil and criminal issues in individual cases through the establishment of a civil-criminal coordination mechanism.