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刑事责任与民事责任在理论体系的划分中泾渭分明,具有独立的适用领域。但在刑事审判实践中,犯罪被告人承担民事责任的情况直接影响到其定罪量刑状态,不可简单地以悔过态度等情节概括。赔偿作为民事责任的内容,逐渐地成为刑事责任的实质表现。刑事赔偿制度可以作为刑事责任的新表现形式,成为刑法学发展的第三条道路。
Criminal responsibility and civil liability in the division of the theoretical system are distinct, with independent areas of application. However, in the criminal trial practice, the crime defendant to assume the civil liability situation directly affects the state of its conviction and sentencing, can not simply regret attitude and other circumstances outlined. As the content of civil liability, compensation has gradually become the actual manifestation of criminal responsibility. The system of criminal compensation can serve as a new manifestation of criminal responsibility and become the third road to the development of criminal law.