| Criminal law and civil law are the two major departments of Chinese legal system,and there is an inextricable relationship between them.In the context of the era when the criminal policy of both leniency and strictness has become the country’s basic criminal policy,while the concept of restorative justice is prospering,the breadth and depth of the impact of civil compensation on the criminal law is increasingly expanding.At the beginning of the paper it defines the concept of the core terms of the criminal law significance of civil compensation,and then analyzes the theoretical basis of the impact of civil compensation on criminal liability.The next part deeply analyzes the conviction significance of civil compensation,especially the legislative basis and influence channels,and then discusses the sentencing significance of civil compensation focusing on the impact of civil compensation on probation and death penalty rulings.Finally,it analyzes the execution significance of civil compensation,especially the performance of property sentence and the related system of commutation and parole.The first part introduces the concept and function of civil damage compensation,and further analyzes the manifestation about the " criminal law significance of civil compensation",dividing civil compensation in criminal cases into mandatory and voluntary categories.The second part explores the theoretical basis of how civil compensation affects criminal liability.The functional integration of criminal and civil makes them having an interactive influence.Civil compensation can reduce the criminal liability,which is in line with the modest principle of criminal law,restorative justice and the criminal policy of both leniency and severity.The third part analyzes the conviction meaning of civil compensation.The proviso of Article 13 of the Criminal Law is the legislative basis of how civil compensation affects conviction.The criminal reconciliation system is an important way of how civil compensation affects conviction.By evaluating and analyzing Article 2,paragraph 2,item 3 of judicial interpretation of traffic accident crimes,conclusion can be obtained that civil liability and criminal liability can be converted in a limited manner.The fourth part analyzes the sentencing significance of civil compensation through evaluating data and cases,obtaining that compensation,as a discretionary sentencing scenario,has risks in judicial application.Accordingly,suggestions can be proposed to handle the problem.In addition,this part focuses on the influence of probation and death penalty discretionary cases.The fifth part focuses on the execution significance of civil compensation.A related mechanism between property judgment items and the commutation and parole system has been established in China.The existing norms are too principled,and the specific rules are in badly need to be improved.This article proposes suggestions for improvement. |
