Research On The Relationship Of Civil Law And Criminal Law

The Research on the relations between the two basic department theories, criminal law and civil law, has long been a prevailing and challenging focus in the law circle. On the one hand, from the perspective of law theory study, much more attentions have been paid to the definitions and differences between the criminal and civil law for a long period. With the abundant presence of the interlocked criminal and civil cases in recent years, the further research or deep exploration on it from its procedure perspectives has become, or now is a emerging research focus, many of which are no lack of deep insight and true breadth of understanding, but instead of comprehensive and systematic, are sporadic and partial, moreover, due to the lack of the interactive communications between the academic subjects of the criminal and civil law, most of such researches or explorations are unilateral. On the other hand, from the perspective of law practices, any and all the confusions, perplexities as well as the difficulties arising out of or in connection or the entity relationships between the criminal and civil laws demands a prompt definition and solution, based on or in consideration of the foregoing.In this paper, divided into seven main areas of civil law section discusses the theory and practice to the above problems. In addition to introduction, the conclusion part, the second to the six chapters constitute the main article. Among them, the theoretical analysis of the second part of chapter five, the second chapter of the legal analysis, Chapters 3 and 4 for the parallel relationship between the scope of analysis, the fifth chapter summarizes the previous chapters of the progressive. Chapter VI for the practice of some.Thesis chapter topics through case leads to the meaning of this article, analysis of the current academic status of research and practice community to define a "civil and criminal association," the problem domain, the people that cross the traditional concept of punishment is not related to general criminal law and civil law all the problem domain. Strictly speaking, the people civil and criminal penalties associated with the cross is not defined in the academic areas, but a broadly defined problem domain. This put the people involved in criminal associate of the culvert is greater than the general field of civil and criminal on the cross, including civil and criminal law there are areas of commonality and particularity, in theory and practice of the cross, conflict and integration. On this basis, the analytical framework delineated and described the research methods and innovations. This section establishes the core of the core concepts for the article.Papers mainly from the second chapter of the history and value of both criminal and civil investigation of the basic relationship between the occurrence of associated context and the necessity of argument. Zhufa fit, from the same civil and criminal penalties to the separation of the ancient people of all ethnic groups and foreign laws and early common features, but although both the same civil and criminal, can be manifestations as well as on the development path is completely different. The more important question of this chapter is once again closer to the people in the contemporary criminal issue. Civil and criminal law tends mainly to civil criminal law, criminal law, civil law is based. And rarely showed the opposite direction, that the criminal law of civil law. But not without. In the context of private law, civil legislators in the construction market trading mechanism, sometimes taking into account the conditions of lack of autonomy, and the introduction of national administrative control or even criminal sanctions, in order to accelerate the improvement of conditions for self-government, corporate law, insurance law, copyright law are examples.Order to facilitate the civil and criminal law issues associated with a more comprehensive and integrated comparative study, thesis chapter will be civil and criminal law in some of the basic categories and concepts as the starting point of departure to study both the commonality and specificity issues, which part of the specific content, including: civil law, criminal behavior and the behavior; civil and criminal law in the fault of the fault; as civil law and criminal law in their respective areas under the basic theory of law and voluminous, so this can not nor is the basic civil law and criminal law in all areas under the comments on the questions, but with significant selectivity. The selected areas are a typical manifestation of the civil law and criminal law in their own development process interrelated and influence each other. Civil and criminal actions are achieved by adjusting the person's own legislative intent, to achieve their function, both in their respective fields, all around the "behavior" of the concept of the formation of a very complex theoretical, legal behavior is characteristic of civil law concept, but the civil law of tort and criminal law violations in the same crime. Only deep into the theory of civil and penal law in order to understand the people within the criminal law relevance. Similarly, the subjective fault is near the modern civil and criminal law issues of common concern, we need to further explore the fault in civil and criminal law system in their specification of the meaning and function, to find from the comparison between the characteristics and differences, This focus on the objective analysis of the tendency of criminal negligence and civil negligence associated with the subjective tendency of the points.Criminal liability is the distinction between the public key. There is no separation, there would be no cross-correlation. And this association is difficult to distinguish between the cross and will bring the complex nature of this complexity embodied in the relationship between the changes in criminal and civil liability program coordination and handling mechanism. Chapter IV that the civil liability and criminal liability for the commonality and specificity were analyzed. Focused on analyzing the interaction of people under criminal law civil liability and criminal liability for punitive damages of two development trends.The idea is to study the types of civil and criminal issues associated with a method, consider the theoretical concepts and logical consistency, papers Chapter V discusses the confused, react with each other, staggered, conflict, transformation, and collaboration and other forms associated with several civil and criminal and an example of restorative justice focuses on the concept of modern civil law to the practice of criminal law from the impact.Criminal proceedings in the cases dealing with people cross is the work of trial practice has long been plagued by incurable diseases. Punishment is one of the people associated with the core issues. Crossover phenomenon has caused the people of criminal law theorists and practitioners of judicial attention. Chapter VI is devoted papers examine the issue. In the clarity of the concepts, features, based on the analysis of contemporary scholars on the classification of criminal cases of people cross a variety of perspectives, combined with case studies implicated type, competing type, difficult type of three criminal cases of people cross-processing mechanism and the people in the criminal law proceedings of the conflict. Resulting in civil and criminal association, as the threshold cross under civil and criminal cases exploring innovative mechanisms. Hope that the current "Code of Criminal Procedure," the amendments have been helpful.Conclusion section concludes the paper from the theory and practice, emphasizing civil and criminal law associated with the core problem is that the process of coordination and interaction between the two echoes, especially the concept of care under civil law should be concerned about the development of criminal law and change.