经济犯罪中的法律责任重合研究

行为的多重违法性即法律责任的重合是经济犯罪的主要特征之一。经济犯罪中的法律责任重合有刑事责任与行政责任重合、刑事责任与民事责任重合、刑事责任与行政民事责任重合三种形态。经济犯罪法律责任重合冲突的有序解决 ,必须正确适用“先刑后民”的原则 ,改变“以罚代刑”或“行刑不分”的状况 ,正确处理刑事追赃和附带民事诉讼 ,进一步明确被害人的民事赔偿处于优先地位。

On the Coincidence of Legal Liability in Economic Crime

Multiply law-breaking conduct, that is, the coincidence of legal liability, is one of the main characteristics of economic crime. The coincidence of legal liability in economic crime lies in the coincidence of criminal responsibility and administrative liability, the coincidence of criminal responsibility and civil liability, the coincidence of criminal responsibility and administrative civil liability. In order to solve the coincidence of legal liability in economic crime in sequence, the principle of "criminal responsibility first, civil liability second" must be applied correctly. The condition of "substitution of fine for criminal responsibility" or "making no distinction between administrative liability and criminal responsibility" must be changed. Ordering the return of stolen money or goods according to the criminal law and incidental civil action must be dealt with correctly. The priority of civil compensation of the victim must be defined.