行政诉讼与刑事诉讼之间的关系及其处理

行政诉讼和刑事诉讼在一般情况下是两种相互独立的诉讼法律关系。但行政诉讼和刑事诉讼会基于不同的原因而发生交织。在两种诉讼交织的情形中又有不同的情况:一种是行政诉讼与刑事诉讼不仅交织而且冲突,在交织与冲突中有时行政诉讼是刑事诉讼的前提,有时刑事诉讼是行政诉讼的前提;另一种是行政诉讼与刑事诉讼只交织但并不冲突。对行政诉讼与刑事诉讼之间的关系,必须根据不同的情形作不同的处理。

Relation Between Administrative Action and Criminal Action and its Solution

Administrative action and criminal action are two kind of unrelated legal relations in ordinary circumstances, but the overlapping of the two actions may exist because of different reasons in the following two cases with its characteristics. One case is that they not only overlap but also conflict while sometimes administrative action is the prerequisite of criminal action and vice versa. The other case is that they just overlap but not conflict. Therefore the solution to the overlapping of criminal action and administrative action must be flexible according to different cases.