Relative Subordination Of Criminal Law Under The Unified View Of Legal Order

On January 12,2019,the seminar on " The relationship between civil law and criminal law in the new era: reflection and orientation " jointly held by the criminal law science research center of Beijing normal university,the criminal law science research center of Renmin university of China and the criminal interpretation research center of the Chinese academy of social sciences was held in Beijing.Experts and scholars around the relationship between civil law and criminal law for in-depth discussionThe relationship between the branch law and the criminal law represented by the civil law has been constantly debated in the academic circle of criminal law in our country.Since the emergence of criminal law and civil law in foreign countries,they have been in conflict with each other for centuries.The relationship between criminal law and civil law has produced many jurisprudential theories,such as the dependency of criminal law,the independence of criminal law,the relative dependency of criminal law,the monism of criminal law breaking the law,the theory of relativity,the pluralism of criminal law,and the second illegality of criminal law.The independence school of criminal law accuses the subordinate scholars of losing the value of independence of criminal law.Subordination refutes that the independence of criminal law in advance may damage the authority of other branches of law,contrary to the overall requirement of the unity of legal order.This paper tries to from the characteristics,the development of criminal law,civil law and alternating between the relationship,briefly analyze the properties of criminal law,independence,relative properties,and then points out that the criminal law of the relative properties more suitable for China's legal system,can play a role of protection of criminal law,and properly keep independence of criminal law,make its can maximum play to safeguard human rights,the function of punishing crimes and maintaining social order.Firstly,in the chapter of overview of the theory of relative subordination in criminal law,this paper introduces the applicable rules of relative subordination,that is,when the subordination is appropriate and how to grasp "relative".Secondly,it demonstrates the positive significance of the theory to the legislation and judicature of criminal law from the practical significance of the relative dependency of criminal law.Finally,this paper tries to introduce the application of the theory of relative subordination of criminal law with several examples to solve the conflict cases of civil penalty in judicial practice.