论刑民交叉及其关涉问题

刑民交叉,是指刑事案件和民事案件由于特定因素的关联而出现交叉或者并存的现象.以法律事实的个数为"统一标准",可以将刑民交叉总体上分为"多个事实关联型"刑民交叉和"同一事实竞合型"刑民交叉两类.刑民交叉案件的既有解决办法是以"先刑后民"为原则、以"刑民并行"和"先民后刑"为补充,但是这种解决办法出现的问题比较突出且反对的声音比较多.因此,刑民交叉问题对策研究期待理论创新.

The overlap between the crime and the civilization as well as some correlative problems

When the criminal case associate the civil law case and come into being cross or co-exist just because the existence of some specific factors, we call this phenomenon as the overlap between the crime and the civilization. By use the number of legal truth as an "uniform standard", we can divide this problem into "the type of a number of truth associated" and "the type with same truth competitive". The established solution of this problem is "penal priority", and this is always a principle. But we also find s...