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Comparative Study Between Civil Liability And Criminal Liability

Posted on:2011-08-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y H LiuFull Text:PDF
GTID:1116360305973873Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The civil law and the criminal law are two important branchs in our country's legal system,they play the important regulative role regarding the country and the society, the legal responsibility also have the important position in the respective theoretical system. In view of the fact that the home lacks comparative study of system research regarding the civil liability and legal responsibility's relational question, this article through carries on the comprehensive system's comparative analysis, not only can further define clearly between the relation of the civil law and the criminal law, but can enrich and develop the civil law and the criminal law respective elementary theory. Based on the theory and system from civil liability and criminal liability by the traditional division of responsibilities and modern crossover development process, to further clarify the two liability form of differences and relationship between each other, and for a behavio in judicialr practice should bear civil liability or criminal liability has an important guiding significance. This article use the comparison research in the legal principle theory of law stratification plane and the system stratification plane, is quite clear through two responsibility's comparisons studies some intrinsic questions which alone in two responsibility processes discovered difficulty, to fill two responsibility theories and the relationships between the blank. Through the study, we can draw a conclusion:the civil liability and the criminal liability in nature are based on certain breach's legal responsibility and forms, are based on respect for individual will freedom justice and benefit of a kind of pursuit, they have similarities, but from the nature and functions, constitutions and properly, the differences in analysis, the civil liability and the criminal liability of the division is still future legal responsibility the main development direction. Since modern times, with the continuous development of society, politics, economy, two kinds of liability has crossed phenomenon, presents the development features of the civil responsibility is strong punitive and the criminal liability compensation isenhancement, but only in specific areas, we should still adhere to the principle of separation of public punishment. The Civil liability and the criminal liability learn from their strong points to offset weakness, not only can improve their own legal system but also better services for the judicial practice and promote the development of our legal construction.
Keywords/Search Tags:Civil liability, Criminal responsibility, responsibility for separation, Responsibility alternates
PDF Full Text Request
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