论文部分内容阅读
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。
Administrative litigation and criminal litigation in general are two independent litigation legal relationship. But administrative litigation and criminal litigation can be interwoven for different reasons. There are also different situations in the interweaving of the two types of litigation: one is that administrative litigation and criminal litigation are not only intertwined but also conflict, and administrative litigation is sometimes the prerequisite for criminal litigation in interweaving and conflicts. Sometimes criminal litigation is the prerequisite for administrative litigation. The other is that administrative litigation is only interwoven with criminal proceedings but does not conflict. The relationship between administrative lawsuit and criminal lawsuit must be handled differently according to different situations.