"先刑后民"一直是我国处理刑民交叉案件所遵循的主导性原则,该原则的适用在理论和实践上面临一些困境。在知识产权民刑交叉案件的处理上,我们需要重新认识民事程序的价值意义和功能意义,在此基础上对刑民两种司法程序进行合理衔接与协调,建立民、刑分庭审理意义上的"先民后刑"以及民、刑合庭审理意义上的"先民后刑"审理机制。

The principle of Criminal Action s Prior to Civil Action has been controlling the resolving process of interlocked penal and civil cases for a long time,which was put into some trouble when applied in both theory and practice.So we need to find a new value and function indicating civil procedure,based on which we can found the trial mechanism of Civil Action s Priority over Criminal Action by both dividing and combining civil trial and criminal trial,and assorted with the two procedure reasonably.