| The study 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, most 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, the subject of the entity relations between the criminal and civil law is hereby selected, to have an systematic thinking and construction in respect of their relations, which is expected to benefit the law theories and practices.The whole context is divided into five parts and four chapters (except the foreword), totaling 220,000 words (including the comment).In the foreword, the two motives preparing this thesis, methods of thesis research as well as its basic structure is to be mentioned and explored below.In chapter one-introduction to the entity relations between the criminal and civil law, this thesis aims to ensure a basic knowledge and deep understanding of the relations between the criminal and civil law by analyzing the historical relations between criminal and civil law and commenting the existing theories in connection therewith. This thesis, after reviewing the relations between criminal and civil laws both at home and aboard, is of the opinion that the overall development of such relations is from the "non-division of the criminal and civil cases" in ancient times to the recent times "separation of the criminal and civil cases", to "the combination of the criminal and civil cases" today, details as below:In ancient times, although the criminal and civil relations in western laws is of the "non-division" common nature, different choices or alternatives have been reflected, that is, the ancient Chinese laws are of the criminal nature while the laws in ancient Rome are more of the civil nature, growing and laying a "difference" basis; In recent period, the criminal and civil case was divided based on the internal demands of the market economy, separation between the citizen society and political state as well as the differentiation of the public and private laws; At present, with the improvement and maturity of the modern state and much more complexity of the objects adjusted by laws, based on the mutual penetration between the public and private laws, the strict definitions between the civil laws have been broken out, demonstrating a trend of mutual penetration. In respect of the thesis of the relations between the criminal and civil law, the controversy of criminal subordination and criminal independency has long been existing in the continental law system, related to which is the controversy and argument between the violation monism and violation dualism. However, most of the foregoing have not been systemically explored and analyzed from the perspective of Chinese criminal and civil theories, but some scholar specified in the criminal field have the same research approach as done by the continental theory. Therefore, this thesis is of the opinion that, instead of simply affirming or denying such controversies, we should comprehensively analyze the entity relations between the criminal and civil laws while stressing the co-existence of criminal subordination and criminal independence, i. e. the co-existence of its relations and differentiations, in another words, we should not deny the independent personality of the criminal law while stressing the its supplementation to, or the subordination of the civil law, nor should, while affirming its independence, place it in a position completely independent from the civil law. In addition, a trend of the combination and approaching arises between the criminal and civil law, with the distinctive character of supplement each other in functions and mutual absorption in appropriate rules.In chapter two-relations of the criminal and civil law, this thesis, proposed to expressly analyze and define the relations between the criminal and civil law by exploring the safeguard nature, the interlace of the criminal and civil law, as well as their normative effects, is of the opinion that, the criminal law, equipped with the nature of "second law", has the nature of the safeguard to the civil law and itself is also a regulation rendering second protection to the civil law, The severity of criminal law decides its safeguard nature to civil law and, in another words, the inadequateness of the punitive measures of the civil law decides its necessity to be protected and safeguarded by criminal law. This safeguard nature of criminal law will only play its roles in the legislative fields in which it is located, while in judicial fields, it would not be able to play its role unless the legislators could provide room of discretion for the judicial personnel, this safeguard nature is not only directly embodied in civil law but in criminal law in respect of its strengthening the punishment against such acts seriously infringing the civil rights and destroying the social and economic order. This safeguard nature warns us that, First, we should set up and maintain such criminal legislation ideas as criminal supplement or ultimate methods; Second, we should strengthen the coordination and links between the criminal and civil law from the legislative and judicial perspective. Regarding the interlace between criminal and civil law, this thesis first analyzes the specific examples or embodiment, that is the interlace and overlap of the subjects adjusted, standards, acts and legal liabilities, and then based on which, three questions in respect of dealing with the interlace between criminal and civil law have been raised:First, to have the thinking linking the criminal law and civil law and have a overall and bilateral thinking on the interlace between criminal and civil law; Second, to be aware of the front-end analysis to the civil law at any time, especially in the case of the standard effect between the criminal and civil law; Third, to advocate and promote the purpose interpretation, as for the normative effect between the criminal and civil law, this thesis is of the opinion that, based on the relations and links between the criminal and civil law, normative effect existing between them, on the one hand, is embodied in the civil law's normative effect towards criminal law, that is, many existing reasonable factors and principles has posed great effect on penalty conviction and penalty measurement; on the other hand, is embodied in the criminal law's normative effect towards the civil law, that is, the definition of crime also plays a critical and crucial role in civil law (not absolute while exception available), in addition, this thesis also actually selects and describes a series of common exceptions available in the judicial practices for further explanation.In chapter three-the differences and definitions between criminal and civil law, the differences of criminal and civil law as well as their respective independences are to be identified and differentiated from the micro and macro perspectives, by exploring the comments on the Chinese and overseas'differentiation theories related to criminal and civil law, the analysis on the characters of criminal and civil law and the differentiation between crime and illegal civil act. This thesis, on the basis of the comments on Chinese and overseas'differentiation theories related to criminal and civil law as well as the research approaches, is of the opinion that it is not enough to differentiate the criminal and civil law in a one-dimensional manner, while a multi-dimensional perspective of discovery is a bare necessity, after compared the civil law with criminal law, the differences are summarized as below:from the logic perspective, the criminal law is of the obligation nature, while civil law is of right nature; from the focus perspective, criminal law focuses on the alleged illegal act and subjective element, embodying the subjective nature while the civil law has more focuses on consequences, embodying the objective nature; from the perspective of adjustment scope and source of law, criminal law is of closeness nature while civil law is of openness nature; from the perspective of status and position of criminal and civil law in the whole laws and regulations system, criminal law is of the "second" nature while civil law is of "first nature"; from the perspective of value judgment differences, the criminal law stresses much more substantial judgment, thus embodying the substantial nature while the civil law pays more attentions to the form judgment, thus embodying the form nature; from the perspective of legal effect, criminal law is of the penalty nature and related to pains while civil law is of the rectification nature and related to the restoration; from the perspective of micro crime and illegal civil acts, based on the analysis and comments on differences standard between crime and illegal civil acts in historical dimension as well as that defined and limited in the crime concept and crime substances, this thesis is of the opinion that the existing standard has any deficit more or less and not absolutely perfect and the standpoint of social harmfulness should be persisted, and the crime element should be adopted in defining the crime and illegal civil act, that is, in addition to the constructive element of crime, the conviction circumstance including elements of quantity of crimes, together with the element of legal hindering causes should also be taken into consideration.In chapter four-the combination between the criminal law and civil law, by exploring the criminal significance of the civil compensation and that of the defendant's fault, this thesis aims at mentioning and exploring the combination trend of functional complementation and institutional reference between them. With respect to the criminal significance of the civil compensation, this thesis, after first analyzing the historical trend of the civil compensation function, maintains that the civil compensation bares both function of compensation and punishment at the period of the non-division of civil and criminal law, but only the compensation function in the period of strict separation, and then the function of dominating compensation and subsidiary punishment in the period of partial combination. Beyond that, its significance on criminal law not only has been affirmed and valued by the law circle from the perspective of criminal theory but mainly embodied in the penalty measurement, penalty alternative as well as the penalty execution. The reasons that the criminal significance of civil compensation is affirmed and valued mainly lies in such reasons as the returning of the defendants'status, the change of the penalty purposes, the criminal policy adjustment and the emerging of the restorative justice, which, on the one hand, embodied in china in the penalty measurement, is mainly the fact that the implementation of the civil compensation taken by the judicial organs could heavily affect the standpoints made in respect of penalty severity and penalty possibility, though questioned, it has its practical necessity for its legal basis and positive value bared; on the other hand, embodied in penalty conviction, is mainly the fact that the implementation or execution of the civil compensation could heavily affect the possibility of criminal liabilities, though questioned for same reasons, it meets and satisfies the trend of treating the minor crime as non-crime, thus providing a new thought regulating the "private" settlement occurred in criminal cases, however, the negative impact on the conviction and penalty measurement should also be overcome at the same time. As for the criminal significance on the defendant faults, this thesis is of opinion that, based on the analysis and exploration of the criminal legislation and judicial practices both at home and abroad, to make a negative appraisal on the fault of the defendant should be a bare necessity, for it may pose great effect on the burden of the criminal liability, mainly embodied in the areas of penalty conviction and penalty measurement, However, different but reasonable views and explanations exist in the law theory circle as to why the faults of the defendant could severely affect its criminal liabilities, but from the perspective of the combination between the criminal and civil law, it could be more reasonable and rational to explain and define it on the basis of the principles implied in the system of negligence offset in civil law, considering that not all the faults of the defendant may pose great effect on the penalty conviction and penalty measurement, the criminal significance on the defendant faults should be strictly defined and differentiated with a view to maintaining the social orders.
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