On The Criminal Law Of Civil Rights With Contractal Spirit

Criminal law is always regarded as the symbol of a power country. In the systems of a country with highly political characteristic, the law has an outlook of state-based value and the criminal law becomes an effective tool in ruling the people. Under the aim of protecting the country and society, powerful criminal law comes into being. However, with the growth of market economy-oriented society, the private rights developed rapidly. The value of freedom, equity and efficiency in contract law lead criminal law to absorb the essence of civil law. These values also make the criminal law of civil rights the trend of modern criminal law. The social contract pursues the origin of power and the personal contract expresses the core of rights. So, the values of contract accords with the criminal law of civil rights in nature. In the aspect of notion, it is a beneficial way to abolish the traditional culture, which puts more emphasis on people's duties disregarding the human rights, by keeping the faith of the criminal law of civil rights under the contractual spirit. In the aspect of system, it is an effective way to practice the criminal law of civil rights with the improvement of the system of victim-offender reconciliation and private prosecution.The article is divided into four parts, amounting 44,000 words without the introduction.Partâ… : The outline of the criminal law of civil rights. Firstly, the background of the appearance of the criminal law of civil rights is given by the introduction of conflict between civil law and criminal law. By quoting and practically analyzing the typical cases in real life, the author discusses the criminal law of civil rights by using the theory of the criminal law as the secondary criterion.Partâ…¡: The inevitability from power criminal law to the criminal law of civil rights. This part is divided into two parts. The first part introduces the rising and evils of power criminal law in highly political country. The second section expresses the reasons and the inevitability of the criminal law of civil rights in civil societies. Each section is analyzed in three aspects of culture, system and idea.Partâ…¢: The contractual spirit in the criminal law of civil rights. This part begins with the origins of the Bible and contractual spirit. Form the angle of power and rights, the author analyzes the close association between the contractual spirit and the criminal law of civil rights. Then the author points outs that freedom are equity core values of contractual spirit. Besides, the author discusses the dual functions of protecting human rights and guarding the societies of the criminal law of civil rights under contractual spirit.Part IV: The construction of the criminal law of civil rights under contractual spirit. In this part, the author mainly deals with the issue of construction of the system. Beginning with the analysis of the contractual spirit embodied in the system of victim-offender reconciliation and private prosecution, the author discusses the existing problems in these two systems. At last, the author put forward her amendatory measures to these two systems.