If the same act meets the constitutive requirements of tort and crime at the same time, criminal responsibility and tort liability will arise at the same time, and tort liability takes precedence over criminal responsibility. Therefore, when the actor's property is not enough to pay, he should give priority to the tort liability and compensate the victims for their losses. In the litigation procedure, the victim can file an incidental civil compensation lawsuit to investigate the tort liability, or file a separate civil tort compensation lawsuit. However, it should be noted that according to the provisions of Article 138 of the Judicial Interpretation of the Criminal Procedure Law, no matter whether an incidental civil compensation lawsuit or a separate civil compensation lawsuit is filed, the compensation for mental damage proposed by the parties is not accepted. In terms of limitation of action, the limitation of civil action is recalculated from the effective date of criminal judgment documents for cases entering the criminal trial stage. Therefore, if an incidental civil compensation lawsuit is not filed, a separate civil compensation lawsuit can still be filed after the end of criminal proceedings, but it should be filed in time to avoid the limitation of action. Similarly, for those who have administrative responsibilities at the same time, they also follow the principle of "private rights first" and give priority to tort liability. Legal basis: Article 4 of the Tort Liability Law of People's Republic of China (PRC), if the infringer should bear administrative responsibility or criminal responsibility for the same act, it does not affect the tort liability according to law. If the property of the infringer is insufficient to pay for the same act, the infringer shall bear the tort liability first.