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刑民交叉案件的程序救济应当在具体分析案情的基础上,选择适用只刑不民、先刑后民、先民后刑、刑民并行四种方式中的一种,并注意谨慎适用先刑后民。本案虽然民事纠纷中的欺诈行为与诈骗罪的客观方面存在着一定的相似性,但只要行为人的行为符合犯罪构成要件,涉嫌犯罪,法院不应继续进行民事诉讼程序,而应裁定驳回原告起诉,移送公安机关处理。
On the basis of a specific analysis of the merits, the procedural remedy for the cross-court case of people and civilians should be one of four ways of applying punishment only, not foreigners, people behind the ancestors, and parallel punishment of both the people and the people, and pay attention to the cautious application of the first punishment After the people. Although there is a certain similarity between the fraud in civil disputes and the objective aspects of fraud in this case, as long as the perpetrator’s behavior complies with the elements of the crime and is suspected of being a crime, the court should not continue the civil procedure, but should dismiss the plaintiff , Transferred to the public security organ for processing.