The Adjustment Of The Criminal Law With Implementing The General Principles Of The Civil Law

Criminal law and civil law,as two basic laws involving the vital interests of citizens,are an important part of our legal system.Although they belong to two different legal departments,they have overlapping in the scope of regulation and concept.General principles of civil law has enacted many new regulations and new idea,these new rules not only play an important role in the standardize civil activities,but also have an important influence on the legislation of criminal law and criminal justice.As the protection of civil law,criminal law should be according to the regulations of the civil law and criminal law related to the new concept,a positive adjustment accordingly.In this article,the author discusses the problems of virtual property,personal information protection,and the determination of the responsibility of the public in the academic circles,respectively introduces the new rules of the general principles of civil law,analyzes the main problems existing in the criminal law,and finally analyzes the practical adjustment of the criminal law in accordance with the provisions of the civil law after the enactment of the general principles of civil law.The first part revolves around the criminal law of virtual property.In our country.which has bigger dispute in virtual property,although the general civil law first determines the properly of the virtual property,not the legal nature of virtual property.Through the analysis of various doctrines and the modification process of the general provisions of civil law,the author concludes that virtual property should be treated as the object of property rights.By analyzing the two typical cases in criminal law practice,it is concluded that the difference of the court judgment is mainly due to the difference of the judge's cognizance of virtual property ownership.The author thinks that after the establishment of the property of virtual property in civil law,the criminal law should be guided by civil law,and the virtual property should be treated as property crime.The second part is about the criminal law of personal information protection.First the author introduces personal information concept,then analyses its legal nature,and the right of personal information should be used as a new right.Then by comparing the difference between the criminal law and civil law,it is concluded that criminal law should take the civil law for reference,the appropriate increase the infringement of citizens' personal information crime behavior,will use illegal,such as processing behavior into the scope of criminal law regulation.The third part around the heroic behavior evaluation of the criminal law to adjustment.General principles of civil law introduced a good responsibility regulation,analyzes the evaluation for good behavior in China's criminal law,good behavior should be established in the criminal law,and through the analysis of the limits of necessity and in the form of small case.The author from legal order consistency principle analysis of the criminal law and civil law provisions should maintain consistency,and puts forward to consciously take the initiative to implement rescue behavior of the hero,as long as there is the subjective not intentionally or negligently,recipients must be even damage consequences,we should regard this activity as justifiable defense.