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

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.