民法方法在刑事案件中的应用研究-法律学专业毕业论文.docxVIP

1 1 Abstract As the important departments of law, the relationship of them has experienced three phases: from the ancient “unity” to the modern “division”, and to the contemporary “ interaction”. With the trend of mutual influence, the scope of civil law application in criminal cases is becoming more and more widely. The application shows up as Plea trade and criminal reconciliation, private prosecution, Witness immunity, to obtain a guarantor pending trial, the summary procedure, discovery, Legislative reform and anti-corruption by civil law, etc. Although all of these practice are typical application of civil law in criminal cases, but the principle they draw from the theory of civil law has a slightly different, specifically can be divided into four categories, including the contact spirit in real interest, contact spirit in program interest, criminal legislation reform, fight criminal with civil law. Civil law application in criminal has the legal and rational basis. Firstly, it conforms to the society background of social transformation, from political state to civil society. The civil society requires the criminal law should have the qualities of tolerance, equality, justice, and autonomy of will. Secondly, it conforms to the cross disciplines background. The influences of civil law to criminal law are the legal function and the legal responsibility. Thirdly, this also fit the new lawsuit ideas of lawsuit tolerance, cost control, and the pursuit of justice and efficiency. Finally, it can also solve the complicated and difficult cases, to ease the backlog of cases, to prohibit torture, and extending detention. Application of civil law in criminal law has achieved the unity of social effect and legal effect, but shortcomings still exist. And in this respect, the practice that some western countries have explored is much earlier than our country. We can use these mature and excellent results on the basis of combining the results with our own national conditions