The Join Of Private Remedy Between Criminal Law And Civil Law

Private remedy as a remedy method exists in the world for a long time. It is not only used in the acquaintance society, but also in the more developed coastal region. It can protect the realization of rights. Private remedy combines advantages of efficiency, convenience and fast. As a result, private remedy will not disappear in the near future. But there are a large number of private remedies whose illegality cannot be sure, such as debt collectors, or cannot be fair and reasonable, such as the case about a nanny steal a cellphone at exorbitant price. In consideration of above reasons, the private remedy cannot play a good part in the society so that it is bad for the harmonious society. In the existing law, there are only a few kinds of private remedies being legislated as justifiable cause, while there are still many private remedies that cannot be covered. The author tries to illustrate the illegality of those private remedies, which are not legislated as justifiable cause, and the join of private remedy between criminal law and civil law through five parts.In chapter one, the main point is the summarization of private remedy, and the explanation of legitimacy about the private remedy from these sects of juridical logic, economic and culture. In the meantime, the author introduces the conception and character of the private remedy.The legislation of private remedy in criminal law and civil law is presented in chapter two, and based on the conclusions, the join of private remedy between criminal law and civil law is analyzed. In the end, some true cases are introduced to emphasize the meaning of the join.In chapter three, the theory of illegality judgment is mainly discussed. Comparing three theories of illegality judgment, the author finds out the most favorably theory and then expound it.In chapter four, the author discusses the illegality of private remedy, and then compares the criminal illegality with civil illegality to find the way that the join of private remedy between criminal law and civil law. Then the conclusion is utilized to analyze the cases mentioned before.In the final chapter, all the resources above are analyzed, and the constitutive requirement of private remedy's criminal legality is concluded.