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刑事审判中民事法律关系处理影响到案件被害人的合法权益能否全部实现,实践中依照刑事附带民事制度一并处理是必须坚持的,但该制度存在不完善之处,应该从程序等方面加以完善,同时要建立与之相配合的民事先诉、国家保障等制度。在民事法律关系处理与刑罚适用的问题上,既要坚持刑法的刚性,也要考虑民事利益最大化满足,一定要以刑法目的的实现为调整前提。
Whether the legal rights and interests of the victim of the case can be fully realized in the criminal trial depends on whether the legal rights and interests of the victim of the case can be fully met. In practice, the legal system must be adhered to in accordance with the civil criminal-attached system. However, there are imperfections in the system and should be improved from the procedural aspects , At the same time to establish a system of civil first complaint, state security and so on. On the issues of the application of civil legal relations and penalties, we must not only uphold the rigidity of criminal law, but also consider the maximum satisfaction of civil interests, and we must take the realization of the purpose of criminal law as the prerequisite for adjustment.