Criminal law and civil law are not two specific laws, but more of a classification method in law, referring to two specific departmental laws. The fundamental basis for distinguishing departmental laws from each other is the difference in the social relationships they adjust to each other. The so-called knowing the law and understanding the law means that in our lives, people do not know much about the law. It is only when we encounter difficulties in our lives that we will look at the relevant laws. Not to mention the relationship between the Civil Code (effective from January 1, 2021) and the Criminal Law. Today I will take you to understand the relationship and differences between the Civil Law and the Criminal Law, and from the perspective of relief and flexibility Civil law and criminal law are analyzed from three aspects of life and life.
1. The relationship between the Civil Code and Criminal Law: Criminal law and civil law are not two specific laws, but more of a classification method in law, which refers to two specific departmental laws. The fundamental basis for distinguishing departmental laws from each other is the difference in the social relationships they adjust to each other. Take criminal law and civil law as examples. Criminal law is the law that stipulates crimes and penalties, and mainly regulates criminal behavior. The main objects of criminal law regulation are various behaviors that seriously endanger society. The civil law mainly adjusts the personal rights and property rights between equal subjects. The difference between the two departments' laws in regulating social relations is the fundamental difference between them.
2. Characteristics of civil law
1. Remedial civil law is not like criminal law, it is a punitive law. It is not an eye for an eye or a tooth for a tooth, but when you are harmed. Undo your damage. Can killing a murderer save a person's life? But rescuing an injured person can really help. Although civil law has the deterrent power of punishment inherent in the law, its punishment will not deprive life.
2. Flexibility In addition to the remedial nature of civil law, civil law also has extremely high flexibility. For example, in a case where someone goes to school under an impersonation, it can be ruled as an infringement of the right to education as well as an infringement of the right to name. When deviant behavior occurs, lawyers must boldly and cautiously expand the scope of the law, choose a law that can be used, and follow the principle that the special is better than the general. In a relatively closed criminal law system, judges have become automatic teller machines that input case facts and legal provisions and output legal judgments. Civil law requires not only understanding and correctness, but also a series of choices and weighings. Although the abuse of discretion in civil law has been criticized, its great contribution to the value of legal fairness cannot be denied.
3. Lifestyle At the same time, civil law has a strong life quality, and the various relationships it regulates are intertwined in our lives. Unlike criminal law, which targets crimes that are seriously harmful to society, civil law takes into account daily major and minor matters between equal subjects. This determines its normative effect on the behavior of individuals in daily life, rather than being a law that is only relevant to a small group of people. With the development of social security and economy, the crime rate will become lower and lower, people's living standards will continue to improve, and the usefulness of criminal law will gradually shrink. However, the intricate social relations in the market economy will make civil law have a certain degree of of eternity. It can even be said that as long as there are people in the world, there will be social relations, and as long as there are social relations, there will be a need for civil law. In the long run, criminal law exists to disappear and to commemorate forgetfulness. But civil law will accompany mankind until the end. After reading the content of the text, everyone must have a certain understanding of the relationship between the Civil Code and Criminal Law. The era we live in now is an era of law. I still want to remind everyone that when encountering a problem, you must first consider whether it can be solved through legal means instead of blindly evading or tolerating. We cannot let criminals go unpunished. It is our duty and responsibility as citizens to know the law and not break it.