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刑事被告人能否因为根据刑法之规定受到了恰当的刑罚而得以减少或免除基于其犯罪行为产生的民事义务,或者,能否因为较好地履行了这种民事义务而得以减轻或免除刑罚?也即刑事责任与民事责任能否相互部分甚至全部抵消。这就是刑事责任与民事责任之间的吸收问题。 公民实施犯罪行为而给国家、社会带来整体危害性的同时,往往也侵犯了其他公民、法人的合法民事权益,换言之,一种行为,可能既是刑事犯罪行为,又是民事侵权行为,处于一种竞合的状态之中,这正是刑事犯罪分子通过附带民事诉讼依据民法承担民事赔偿责任的前提。刑事犯罪行为与民事侵权行为竞合的现象,为刑事责任与民事责任发生吸收提供了现实的可能性。
Can the criminal defendant be able to reduce or eliminate the civil liability arising from his criminal behavior because of the proper punishment according to the provisions of the criminal law or can he be relieved or exempted from punishment because of the better performance of such civil obligations? That is, whether the criminal liability and the civil liability can partially or completely offset each other. This is the issue of absorption between criminal liability and civil liability. Citizens often violate the legitimate civil rights and interests of other citizens and legal persons while committing criminal acts, which bring harm to the country and society as a whole. In other words, an act may be both a criminal offense and a tort, Among competing states, this is the prerequisite for criminal criminals to bear civil liability for compensation through civil law with incidental civil lawsuits. The phenomenon that the criminal activities are in competition with the tort acts provides realistic possibility for the absorption of criminal liability and civil liability.