Discussion On The Application Of The Principle Of "Criminal Law After Civil Law" In The Cases Of Property Infringement

As the background of the subject of crime and people crossing,the case of invading property is a difficult field in judicial practice.For a long time,the concept and the principle of "priority application of criminal law" are deeply ingrained.When the legal workers dealing with cases like this,they often pay attention to the evaluation of the behavior in criminal law sense,eager to check the characterization of behavior in terms of components,while lacking of determination of civil legal relationship of the cases.This is not only the connivance of the concept of criminal law,but also make the case for the abuse of the case tends to be more superficial and formalized.It also makes the legal worker oversight the facts of the case and the basic legal relationship of the case.In the judicial practice,the accurate characterization of a crime is related to the legitimacy of the application of criminal law and the rationality of sentencing referee,and on the value level,it is related to the establishment of criminal law authority and the protection of the legal rights and interests of the actor.The content of this article is to illustrate that,for any case involving an assault on a property,whether or not a person or a client is involved in a criminal offence,the person who is the subject of the case,the actions that he has performed and the object that is subject to the loss of the property shall be determined by a prior application to the civil law.When making a proper evaluation of the behavior,the law enforcer must have the civil legal relations involved in the facts of the case.They also need make the level of basic legal facts in civil legal relationship will reach the level of brake two star,on this basis to achieve correct understanding of the behavior nature.This paper,based on the classification and related law of the treatment mode of the present punishment,combines the typical cases in the criminal justice practice,and mainly focuses on the methods of summarizing,comparing,contrasting,deducing and deductive reasoning,focusing on the advantages of applying the principle of "civil law first" in the case of the case of rape.The first part is the introduction.This part firstly introduces the classification of the criminal law and civil law crossover cases.Then the author combines the three processing modes of this kind of case to reinterpret the application of the principle of "criminal law after civil law" in the facts of the case of the invasion of financial cases,to reflect the innovation point of this paper.Finally,combining with the present judicial dilemma,this paper points out the necessity of clarifying the relation of civil law of case and gives a clear research idea.The second part is about the question.This part firstly sorts out the normative basis of the three kinds of treatment modes: "criminal law after civil law" "civil law after criminal law" and "criminal law and civil law apply together".Then analyze the current situation and the malpractice of the concept of "criminal law first”.Finally put forward the thinking and the idea of applying the principle of "criminal law after civil law" in some cases of financial abuse.The third part of the article focuses on the perspective of the identity of the actor in the case of criminal abuse,and extracts the controversial focus on whether the actor has the special subject status from the typical case.Based on the relevant content of civil juristic relation,the author puts forward the relative relation between the actor and other parties and units in the analysis of the civil legal relationship,which can be used to determine the rationality of the actor's identity.Finally,it is proved that for a crime of special requirement for the subject of the actor,using a specific civil law is a prerequisite for criminal conduct in criminal law.The fourth part of the article discusses the application of the principle of "criminal law after civil law" to the victims of criminal cases.The author determined by case the victim of civil legal relationship,combined with the related contents of civil contract relativity and the introduction of typical cases,and then clarify applicable civil contract relativity principle can discriminant complex mixture of various relations among the murder of substantial property loss occurred.Based on the above contents,this crime and the discrimination of crime are made according to the harm done to the actor.Finally,the rationality of the victims of criminal cases is determined by using the relative relativity of the civil contract.The fifth part of the article discusses the application of the principle of "criminal law after civil law" to the attribution of property.This section first discovers the problem from the qualitative dispute of the typical case.Then combine the system of Apparent Agency and the typical case to discuss that,if a man can be evaluated within the system of Apparent Agency,and the effect of the act should be affirmed.In this way,the foundation of attribution of property is determined,and the basis of dispute settlement is provided.Finally,it proves the rationality of the system of Apparent Agency to determine the property involved in the case of financial abuse.