The Applying Of Systematical Interpretation In Criminal-Civil Overlapping Cases

In Criminal-Civil Overlapping Cases,the systematical interpretation rule is an important method to infiltrate the value of civil law into the criminal law.Being a basic form of hermeneutic circle,systematical interpretation can realize the comprehensive understanding between criminal law and civil law,as well as the whole legal system.It is also conducive to the breaking of seperation mind-set in Criminal-Civil Overlapping Cases,providing a platform for systematical communication.Especially when dealing with the principle of "criminal procedure before civil procedure",the pratice of bringing civil factors into the consideration of criminal judgment,not only provides support for the the application of the value of criminal law,but also eliminates unnecessary contradictions between criminal law and civil law.And then,the unity and harmony of legal order will be achieved.However,under the current interpretation path,the applicable premise and applicable rules of systematical interpretation are disordered owing to the biased understanding of systematical interpretation and the lack of detailed investigation on Criminal-Civil Overlapping Cases.Those theoretical problems may lead to the variation on corrective action and normative action to a certain extent.Specifically,researches have the following problems.First,there are different opinions on the applicable premise of systematical interpretation,lacking the specific criteria for judgment.At present,some researches ignore the applicable premise of systematical interpretation,applying the systematical interpretation unconditionally and unreservedly.The other part of researches realize the applicable premise,but the premises have differed greatly.More importantly,they have not involve the criteria of judgment,resulting in the weak persuasion.Second,the unclear applicable premise further leads to the confusion of applicable rules.Existing studies incorporate multiple cross-cutting elements,such as legal purpose,legal concepts,legal rules,legal consequences,etc.lacking of detailed classification.Evenly,the study of applicable rules mainly stays at the superficial cognitive level,which is not systematic and difficult to treat as thinking rules in a strict sense.The definition of Criminal-Civil Cross Cases and systematical interpretation is the basis of the whole article.If there is no unified connotation,it is impossible to explore the applicable premise and rules.Criminal-Civil Cross Cases means that there is a cross between criminal legal relations and civil legal relations,which include concept overlapping,rule overlapping and principle overlapping in detail.When it meets with the systematical interpretation based on logic-purpose system,it will produce a specific applied field,including identity and interleaving of concepts,same or similar facts in case,interpenetration of grounds of justification and imputability of assumed liabilities.It can be said that the systematical interpretation will be applied only when the mentioned circumstances appear.The function of systematical interpretation needs to be paved by the revelent legal purpose.It means that purpose of law constitutes applicable premise of systematical interpretation.Before applying the systematical interpretation,purpose of law should be determined first.This can be accomplished through the recognition of three levels of legal purposes.including the purpose of law,chapter and clause.The purpose of first level is clearly stipulated in the first few articles of the law;the purpose of second level can be found through the interpretation of the chapter charges or the expression of the subcategories;the purpose of third level is dispalyed in the nature of object and the legislative intent.In Criminal-Civil Overlapping Cases,a feasible method is recognizing from clause purpose to law purpose.The result of recognition of legal purpose directly affects the subsequent applicable rules.That is to say,only when the purpose is coherent can the rules of systematical interpretation be applied.Those applicable rules include "the consistency rule of concept and explicit rule of inconsistency","the unity of component judgment and its relativity rule","the permissible application rule of grounds of justification",and "the conversion rule of liability".The first one is the consistency rule of concept and explicit rule of inconsistency.This rule requires that criminal law and civil law should have the same understanding to the same legal concepts.If there are different understandings,it should also be based on the explicitness of law or judgement.The explicitness here is essentially an expression to the judgment of purpose of law.It means that when making incoherent judgments,judges should demonstrate the differences in purpose.This rule is of great significance in the understanding of virtual property and personal information.Judges need to consider whether the concepts refer to the same thing,and take the facts of life and status of interests into account.The second one is the unity of component judgment and its relativity rule.It refers to affirming the illegality of acts from a positive perspective.It mainly involves two propositions:if an act is prohibited by criminal law,it must have civil illegality beforehand;if an act is permitted by criminal law,it should not have civil illegality in principle.This rule embodies the legitimacy of contract fraud and P2P business model.At the same time,there is exception to the unity of component judgment,which is based on the needs of criminal policy.Being an element to strengthen the purpose of criminal law,criminal policy can complement the logic deduction of criminal law.The value contained in it can also guide the interpretation of criminal law,and provide justification for the different judgments.The third one is permissible application rule of grounds of justification.It refers to denying the illegality of acts from a negeotive perspective.It means that criminal law can exclude the illegality of related acts through permissible application of civil law.Specifically,it applies self-help behavior,voluntary risk-taking,consent of the victim,proper business behavior to the criminal part of the trial.The result of application may be to completely prevent criminal violations,or to partly prevent criminal violations.What important is that decides with the considering of specific Criminal-Civil Overlapping Cases,and substantiates the argument.The last one is the conversion rule of liability.It means civil liability can convert criminal liability to some extent.The first meaning of "conversion" is to make criminal liability,which emphasizes punishment,have the value of civil liability,such as fair burden and compensation for damage;the second meaning of "conversion" is that when criminal liability having values mentioned above,the relief of criminal liability can be achieved.The second level of conversion is more important than the first one.The application of liability rule can provide interpretation to victim understanding and restorative justice from the perspective of civil law,and make the relevant criminal conclusions more legitimate and convincing.At the same time,it can provide right incentives for defendant,so that both criminal liability and civil liability can be implemented effectively.