A Study On The Differentiation Of Civil And Criminal Liability

In the face of frequent interlocked penal and civil cases occur,most of the judicial practice and academic boundaries are mostly from the judicial practice of crime and non crime of the plain,not clear judicial chaos,to resolve social contradictions.For this series of problems,in order to distinguish the crossed case of civil law in civil and criminal liability of the application as the research object,the relationship between comprehensive and systematic interpretation of civil liability and criminal liability,and to explore the people-in depth from the value basis and function of the perspective of the game theory of criminal responsibility between architecture.On the basis of this,one step is to sum up the path of dealing with the civil and criminal cases.In addition,the theory of the differentiation between civil and criminal liability also provides theoretical guidance for the process of handling civil and criminal cases and specific suggestions with feasibility and operability.In this paper,in addition to the introduction and conclusion,the structure layout is divided into five parts.The first chapter aims to clarify the practical basis for the application of the differentiation between civil liability and criminal liability.First of all,concluded at this stage on the civil-criminal liability theory;secondly,combing the civil liability and criminal liability by the traditional division,the responsibility to change the path of modern cross current responsibility integration,cross analysis of substantive law of civil and criminal cases of frequent;finally,with Japan and the United States in the law of civil liability and the criminal liability of the relationship,summed up the civil liability and criminal liability in the fusion period,intermediate fuzzy zone.The second chapter focuses on the basic relationship between civil liability and criminal liability,and analyzes and compares the merits and functions of civil liability and criminal liability in the difficult cases of civil and criminal punishment.Civil liability and criminal liability should be intersecting and unidirectional transformation under certain conditions.It is cross-criminal responsibility makes the relationship between people as you two are my fuzzy zone.However,the research direction of the academic circles is in the fuzzy zone of the civil penalty cross cases,and it can not reasonably apply the civil and criminal responsibility.Therefore,this paper will study the differentiation theory of civil liability and criminal liability from two aspects of the theory of value and the theory of function.From the point of view of value base,civil liability of private law is the primary value of freedom of value;the first value of criminal liability is deterrence value.However,if people do not care to be severely punished,the deterrent value of criminal responsibility will be invalidated.Based on the civil liability of the value of freedom of flexibility come out is the benefit value,namely the implementation effect of profitable dispute resolution process and low cost of justice in the legal responsibility,initiative to mobilize people;with respect to civil liability in the implementation process,more attention to the benefit maximization of criminal liability in the process of implementing more tend to maintain order and protect the society.From the point of view of the function game,the function of the civil and criminal liability is the meaning of punishment,compensation and prevention,but the two are different.Civil liability focuses on compensation for loss,and criminal liability is more focused on punishment and prevention.It is precisely because the value and function of the civil penalty liability are different.If we expand the scope of the application of the criminal responsibility in the overlapping cases,it is easy to breed corruption within the judiciary,and the perpetrators will also use this expansion to implement speculation.The third chapter focuses on the typical cases of the civil penalty cross cases: civil contract fraud and the crime of contract fraud in the civil and criminal cases in the cross cases of civil and criminal liability to distinguish between the application of the problem.In the judicial practice in the case of existing path distinguish mostly consider from two aspects of the elements,but the objective behavior of contract fraud and contract fraud is similar to that of the two most difficult to each other,in the judicial practice of "the twilight zone" is inevitable;and people-criminal liability,judicial organs function integration to apply value position of legal liability is not consistent,leading to cross the civil and criminal cases of the sentencing standards,judicial chaos frequent disputes can not really solve.Therefore,we should deal with the intersecting and difficult cases of contract fraud and civil punishment from the point of view of the value theory and the function theory of the civil and criminal liability.The compensation function of civil liability can achieve good social effect through low social cost.The function of prevention and punishment of criminal liability is higher,and the cost of justice is higher,which can not solve social contradictions well.Obviously,from the point of view of legal function and judicial cost,the use of civil law can better solve social contradictions when the deception is difficult to determine.The fourth chapter focuses on another typical case of cross cases of civil and criminal cases: the application of the civil and criminal responsibility boundary between private lending and illegal fund raising crimes.In dealing with this kind of civil punishment cross cases,the practical and theoretical circles are mostly starting with the composition of the elements,and there is a wanton expansion of the penalty circle.Because of the public prosecutor,three of the folk lending and illegal fund-raising crime and the criterion is not unified,only to make a differentiation between elements of conditions can not alleviate the current situation and easy to breed corruption in the judiciary.It is not difficult to see that in the context of financial policy from financial restraint to financial deepening,it is imperative to adjust the "priority thinking of criminal liability " inherent in the judiciary.Under the principle of modesty and restraint of the criminal law,we should give priority to the civil law adjustment of this type of civil and criminal cross cases.In addition,the adjustment of civil liability for such cases does not mean that the defendant is not punished,and the judicial organ can apply the punitive liability for the defendant.The use of punitive civil liability instead of criminal liability not only has a punishing effect on the accused,but also has a deterrent effect on the public.It can also protect the legitimate rights and interests of the victims more comprehensively.The fifth chapter summed up the above thinking,in the analysis of " Criminal First Civil Second'".under the premise of processing method,perfect the procedure of national punishment I cross case processing paths,and by using civil-criminal responsibility transformation relationship interpretation from the perspective of civil law,criminal reconciliation system.The "first sentence" has a positive but controversial effect.It is not suitable for the people to be punished as an absolute principle to deal with the cases of civil punishment,and the criminal responsibility and civil liability are not in absolute order.In the case of civil penalty,it should be applied according to different types of cases,such as " Criminal First Civil Second'"," Civil First Criminal Second" and " Civil And Criminal Parallel".The differentiation of civil-criminal theory also provides theoretical support for criminal reconciliation.