论刑事诉讼与行政诉讼的冲突及其解决

为解决刑事诉讼中出现的行政问题及行政诉讼中出现的刑事问题,避免行政诉讼与刑事诉讼审理结果的冲突,应将两类诉讼中的相关问题分为本诉附属问题与审判前提问题,允许法院刑事审判庭在特定情况下审理行政问题;在对同一行为究竟应承担刑事责任还是行政责任难以确定时,以“刑事责任优先”为处理原则。

On the conflict and resolution between criminal litigation and administrative litigation

In order to resolve the administrative problem in criminal litigation and the criminal problem in administrative litigation,to avoid the conflict of trial result between criminal litigation and administrative litigation,we should divide the correlative problem in the two litigation into subsidiary problem and trial preconditioned problem and allow criminal tribunal of court to hear administrative case.The criminal responsibility is the first when the determination of nature of action between criminal case and administrative case is difficult.