FROM THE SEPARATION TO INTEGRATION: A STUDY ON SEVERAL COMMON ISSUES OF CIVIL AND CRIMINAL LEGAL LIABILITY
Journal: The Way of Science (Vol.1, No. 61)Publication Date: 2019-03-29
Authors : Fan Xiaohong Zhao Weijia;
Page : 48-54
Keywords : Civil–criminal crossover; excessive defense; strict liability; punitive damages; criminal reconciliation;
Abstract
Falling under the same category of legal responsibility, the civil and criminal liabilities share commonalities in terms of the preconditions, value goals & functions and constitutive elements of legal responsibility. To this end, comparative and commonality analyses are carried out on three legal systems, namely excessive defense, strict liability and punitive damages, from the perspectives of civil and criminal laws, in order to provide certain theoretical basis for the crossover or integration of the two types of liabilities in these areas.
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