STUDY ON THE RELATIONSHIP BETWEEN CIVIL AND CRIMINAL LAW FROM THE PERSPECTIVE OF THE CIVIL CODE

Main Article Content

MIAO CHUNGANG

Abstract

The relationship between civil law and criminal law is the basic proposition in the division of legal systems. With the promulgation of the "Civil Code of the People's Republic of China", the discussion of the relationship between civil law and criminal law has further become a hot spot in Chinese legal studies. From the aspect of uniformity of law, civil law is pre-law, criminal law is the post-law. The confirmation of civil rights is the prerequisite for the protection of criminal law. It is pointed out that the civil code expands the relief of civil rights on environmental infringement and virtual property protection, which requires the criminal law to cooperate with it accordingly. Chinese legal system, in view of the multiple causes of consideration, civil law should moderate expansion, the criminal law should remain modest and restrained. This article firstly used the analytical method of normative jurisprudence to study the impact of changes in the civil code on the criminal law system in many aspects. Secondly, it used the method of empirical analysis, through the discussion of typical cases, to analyze the practical significance of the restraint of criminal law in judicial practice. In the case study, we focused on the interpretation of the elements of a crime one by one, and explored the difference and connection between civil disputes and criminal cases. Finally, the full text shows that the criminal law should be restricted in specific areas, paying attention to the development and modest and being restrained of criminal law.

Keywords:
Civil Code, civil-criminal relationship, pre-law, modest and restrained

Article Details

How to Cite
CHUNGANG, M. (2021). STUDY ON THE RELATIONSHIP BETWEEN CIVIL AND CRIMINAL LAW FROM THE PERSPECTIVE OF THE CIVIL CODE. Journal of Basic and Applied Research International, 27(6), 40-44. Retrieved from https://www.ikprress.org/index.php/JOBARI/article/view/6895
Section
Original Research Article

References

Wang Liming. To expand civil law, criminal law to Modesty. Chinese University Teaching. 2019;11.

Mark Chang. My country’s Criminal Law should also be based on the principle of modest and restraint. Journal of Yunnan University (Law Edition). 2008;05.

Zhu Tiejun. Interlacing between Criminal Law and Civil Law. Northern Methodology. 2011; 5.

Wang Cuixia. Research on the Types of Criminal and Civil Interaction in Illegal Fund-raising Cases. Social Scientist. 2020;2.

Chen Shaoqing. The substantive determination of the scope of the crime of fraud from the perspective of criminal and civil demarcation. Chinese Law Science. 2021;1.

Zhou Guangquan. The practice of the principle of the unity of legal order. A society under the rule of law. 2021;4.

Xu Mengzhou, Xu Yanguang. On the Public and Private Law integration and fusion of public and private law --- On the fusion phenomenon of Public and Private Law ‘Eleventh Five-Year Plan’, Law Journal. 2007;1.

Chen Xingliang. Influence of the Civil Code of Criminal Law and Criminal Law response to the civil law. Legal Research. 2021;2.

Huang Wei. People's Republic of China Civil Code Interpretation (first). Law Press; 2020.

Liu Yanhong. The Impact of the Civil Code of Green Principles of Criminal Law Recognized Environmental Crime. Chinese Criminal Law Journal. 2020;6.

Liu Yanhong. Convergence of Human and Physical Properties of the Criminal Code of Civil Law. Chinese Social Science. 2020;4.

Wang Zhu. Comment on the New Rules of Liability for Parabolic Falling Objects in the Civil Code. Journal of Xiamen University (Philosophy and Social Science Edition). 2021; 3.

The case originated from Peking University's Law Database. 2021.05(CLI.C.113310211).