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Comparative Study Of Criminal Crimes And Civil Infringement

Posted on:2010-01-06Degree:DoctorType:Dissertation
Country:ChinaCandidate:X M ZhouFull Text:PDF
GTID:1116330368478303Subject:Demography
Abstract/Summary:PDF Full Text Request
This study is based on such a premise:Although the criminal law and tort law both protect specific interest through talking with conflict between interest contradiction and clash, but, the criminal cases and the tort cases should have different social meaning because of social needs.Research of this article is based on social life, comparing criminal law and tort law in the damage description, subjective state theory and the legislative position from the social damage, invasion and the perpetrator's subjective state, then, revealing their different attribution significance in criminal law and in tort law. The main point of view is that criminal law and tort law have different concepts and systems rooted from the respective attributive effects. In other words, focus on the effect of different responsibilities, criminal law and tort law lies in the formation of a consistent theory of liability. It can reflect that criminal law tends to subjective and tort law tends to objective on the whole. Specifically, the content of this article is structured as follows:The first part about the historical evolution is crime and infringement. With the study to the sanctions in ancient times, and compare the development of compensation and penalty, research into western criminal law and the initial state tort law in ancient times, explore historical factors and changes about theory of criminal law and tort law separation. And tell why the genes of Chinese criminal law and tort law loss through observing ancient Chinese law. In modern develop times of the legal system, the concept of individual-based changes to the community, and private law against public, I'd like to clarify the causes of the separation and integration between criminal law and tort law.The second part about compare the legal dole methods and invasion conception. This part based on the social objective damage; focus on the nature of damage theories in criminal law and tort law. The concept of criminal law includes broad rights, system, order and social relations, also includes the strict principle. The desperation of damages in tort law based on civil law system follows good faith, principle of public order and good customs. A new social harmed interest can derive protection too, so, criminal law and tort law protect the interests is overlap within a certain range, as a result of their different function and purpose, the specific methods on interest protection in criminal law and tort law are complementary, also independent.The third part based on compare the nature of illegal conduct and extent of typical conducts. This part lies in analyzes the act theory of criminal acts and violations, tell that the criminal law and civil law based on the same action concept, but establish a completely different behavior theory. Civil law is mainly reflected in the construction of the legal relationship and the criminal law is mainly reflected through typical behavior to limit the emergence of legal relations.The fourth part makes a comparison on liability position tendency between the criminal law and tort law. Through imputation of criminal law found that the sense of criminal law belongs to sin conviction, and criminal liability belongs to the subjective vicious bear, and in penal transformation aim to anti-social personality. Criminal law shows subjective preference beyond at unity of subjective and objective. Tort Law early formed the principle of fault liability, but modern tort law, on the one hand, forms a standard of fault description, on the other hand, the principle of no-fault liability applies to exclude the subjective directly.Part five of this thesis mainly compares penalties and damages to explore special meaning of the tort liability and criminal liability, particularly research the specificity of legal penalty under the damage compensation. From this, it can observe the tendency of integration between modern criminal penalties and civil compensation, then, put forward my own view on two typical fuse form liability about punitive compensation in tort law and compensation substitute penalty in criminal law.Part six is to make a brief summary of this article. On the whole, criminal law and tort law origin almost same history, have similar system structures, and trend to fuse into one in modern society. I tried to show from four segments of the legal framework (such as damage, behavior, attribution and responsibility) to emphasize the attribution theory, on this basis, deducing criminal law and tort law have independent characters and different functions.
Keywords/Search Tags:Criminal crimes, Civil infringement, Comparison
PDF Full Text Request
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