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一、前言近年來,隨著刑民交叉、刑行交叉案件以及民事、行政違法行為犯罪化現象的增多,刑法與民法、經濟法、行政法、環境法等相關部門法的關係逐漸成為中國刑法立法、刑事司法領域的熱點問題和重要課題,並受到越來越多學者的關注。在法律調整方法中,刑罰最為嚴厲,也是區分刑法與其他法律部門惟一的外部標誌,並使得刑法在整個法律體系中具有一種不同於其他部門法的獨特地位,即刑法是其他部門法的保護法。可見,只有相關部門法無力有效調整的、具有特殊重要性的社會關係,才是刑法調整的範圍。這也是衡量刑法與相關部門法關係協調與否的重要標準。
I. Foreword In recent years, with the cross-cutting of criminal law and criminal cases and the increase of criminalization of civil and administrative illegal acts, the relationship between the criminal law and relevant departmental laws such as civil law, economic law, administrative law and environmental law has gradually become the criminal law of China’s criminal law Legislation and criminal judiciary hot issues and important issues, and more and more scholars are concerned about. In the method of law adjustment, the punishment is the most severe, and it is also the only external mark that differentiates the criminal law from other legal departments, and makes the criminal law have a unique position in the whole legal system that is different from other departmental laws. That is, the criminal law is the protection law of other departmental laws . It can be seen that only social relations with special importance that can not be effectively adjusted by the relevant departmental laws are the scope of the adjustment of criminal law. This is also an important measure of the coordination between the criminal law and the relevant departmental law.