Study On The Application Of Civil Means In Criminal Cases

As the important departments of law, the relationship of them has experienced threephases: from the ancient “unity” to the modern “division”, and to the contemporary“interaction”. With the trend of mutual influence, the scope of civil law application incriminal cases is becoming more and more widely. The application shows up as Plea trade andcriminal reconciliation, private prosecution, Witness immunity, to obtain a guarantor pendingtrial, the summary procedure, discovery, Legislative reform and anti-corruption by civil law,etc. Although all of these practice are typical application of civil law in criminal cases, but theprinciple they draw from the theory of civil law has a slightly different, specifically can bedivided into four categories, including the contact spirit in real interest, contact spirit inprogram interest, criminal legislation reform, fight criminal with civil law. Civil lawapplication in criminal has the legal and rational basis. Firstly, it conforms to the societybackground of social transformation, from political state to civil society. The civil societyrequires the criminal law should have the qualities of tolerance, equality, justice, andautonomy of will. Secondly, it conforms to the cross disciplines background. The influencesof civil law to criminal law are the legal function and the legal responsibility. Thirdly, this alsofit the new lawsuit ideas of lawsuit tolerance, cost control, and the pursuit of justice andefficiency. Finally, it can also solve the complicated and difficult cases, to ease the backlog ofcases, to prohibit torture, and extending detention. Application of civil law in criminal law hasachieved the unity of social effect and legal effect, but shortcomings still exist. And in thisrespect, the practice that some western countries have explored is much earlier than ourcountry. We can use these mature and excellent results on the basis of combining the resultswith our own national conditions. In the comprehensive excellent achievement of our countryand other countries, this paper put up with there methods for the shortcomings in applyingcivil law in criminal cases. First of all, two kinds of cases, including real interest trading andprogram interest trading should adhere to the guidance of contract spirit. Secondly, the scopeof civil spirit’s application in criminal cases should be expanded from mild cases to thecomplex and serious criminal cases. Finally, community justice should be built to promotediversified criminal disputes solution, which could ease social dependence on formal justiceand meet the diversified interests.