Butt And Practice Of The Theory Of Tort And Criminal Grasp

Law on tortious acts and criminal law together constitute a system for the safeguarding of rights,which is not only the basis for the realization of rights but also constitutes what Weber called the 'formal rationalization1 required by modern rule of law. The complementation and coordination of the tort law and criminal law as well as strict protection of joint rights are the significant features of a society based on the rule of law. The damages for civil torts and penalties for criminal offences complement and overlap in the judiciary practice of civil procedures. The theoretical definition of the two and the balancing in practice are important both for judiciary organizations and parties to the lawsuit. With the rapid advances of technology and social development,tortuous acts assume a trend of grow in social life. The separation of tort law from the law on obligations and the establishment of no fault liability and fair liability principles mark a new historical stage of tort law. Nevertheless,it is undeniable that tort law legislation in China is anything but perfect in contrast to criminal law and leaves many theoretical frustrations,i.e. controversies over legal requirements of tortuous acts,theoretical positioning,of liability imputation,and theoretical discrepancies over defenses for special torts. Thus,the writer undertakes to carve out a theoretical passage between civil torts and criminal offences on the basis of criminal theories and tries to sort out a meeting point to provide a basis for accurately defining civil torts and criminal offences by judiciary organizations.