刑事责任与民事责任衔接与协调的实现——以损害赔偿为切入点

司法实践中，许多犯罪行为本身就是严重的侵权行为，于是产生刑事责任与民事责任竞合的问题。随着社会的进步和法律的进化，刑事责任与民事责任经历了一体到分立再到交错的历把发展轨迹。随着恢复性司法的倡导，被害人实益的关注和刑罚谦抑性的提出，刑事责任与民事责任出现交融的格局。如何实现刑事责任与民事责任的衔接与协调，已成为刑法学者与民法学者面临的共同课题。本文以损害赔偿为视角，从功能、次序、程序等方面对此问题作初步性的探讨。

Link-up and coordination between criminal liability and civil liability: to start with damage compensation

In judicial practice, many criminal acts themselves are serious infringements and cause the concurrence of criminal responsibility and civil liability. Along with social progress and the evolution of law, criminal liability and civil liability have experienced the historical development of integration followed by separation and then intersection. With restorative justice advocated, victim benefits concerned and penalties of modesty proposed, a blend of civil liability and criminal liability has come into being. How to achieve the convergence and coordination of civil liability and criminal responsibility has become a common issue confronting scholars. From the perspective of damage compensation, this article presents a preliminary study on the issue from function, priority, procedures and other aspects.