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民事赔偿影响刑事责任的承担是司法实践中的普遍做法,也已为刑事法律、政策所明确确认。但民事责任与刑事责任的产生前提、责任承担主体、责任承担方式以及通过责任追究所体现的国家法律评价性质等方面都存在着质的显著差异,将民事赔偿情节引入量刑环节,既有促进社会和谐稳定、提高司法效率等积极作用,也可能带来以钱买刑、同罪异罚等损害社会公平正义的消极影响。为此,有必要对民事赔偿影响刑事责任承担的条件进行探讨,并强化检察机关对此类案件的监督,以期准确把握民事赔偿影响刑事责任的尺
The impact of civil compensation on criminal liability is a common practice in judicial practice and has been clearly confirmed by criminal law and policy. However, there are significant differences between the civil liability and the precondition of criminal liability, the main body of responsibility, the way of undertaking responsibility, and the nature of national law evaluation as reflected in the investigation of liability. The civil compensation is introduced into sentencing, Harmony and stability, improving judicial efficiency and other positive effects, may also bring the money to buy a penalty, the same punishment for crimes such as the negative impact of social fairness and justice. Therefore, it is necessary to discuss the conditions of civil liability for criminal responsibility and to strengthen the supervision of such cases by the procuratorate, in order to accurately grasp the scale of criminal liability affected by civil compensation