Criminal And Civil Cross Visual Field A Study On The Principle Of Joining Fines And Punitive Damages

The connection between fine and punitive damages has the theoretical value of avoiding the imbalance of punishment,ensuring the realization of the purpose of punishment,and defining the deduction of fine and punitive damages and ensuring the coordination and unity of the legal norm system.The lack of specific norms and guidelines for the connection between fines and punitive damages can give full play to the supplementary role of legal principles.From the substantive point of view to investigate the connection between fine and punitive damages,for the perpetrator,we should better achieve the effect of punishment through the coordination and unity of punishment imposed on the perpetrator;for the victim,we should avoid the disadvantages of the traditional criminal cross-case handling,and achieve the full protection of the legitimate rights and interests of the victim.To investigate the connection between fine and punitive damages from the procedural point of view,we should not only give full play to the value of the procedure itself in the connection between the two,but also give full play to its guarantee value for the substantive justice between the two.Based on this,three principles can be determined for the connection between fine and punitive damages,such as excessive punishment,protection of the rights and interests of victims,due process and so on.The specific principles in the practice of linking fine and punitive damages to give full play to its guiding value,the specific principles pay attention to the differences in content,which determines that the specific development of each principle has its own emphasis.The development of the principle of excessive penalty equivalence not only provides guidance for the determination of the amount of fine and punitive damages,but also provides guidance for the deduction of the two.The principle of protecting the rights and interests of victims,in order to fully protect the legitimate rights and interests of victims,makes comprehensive use of various modes of handling cross cases between criminals and people,and at the same time gives full play to the role of punitive damages in protecting victims through the establishment of a special fund for punitive damages.The development of the principle of due process can realize the reasonable restriction of the discretion of the amount of the judicial organ.Under the background that the practice of the rule of law in our country does not pay enough attention to the value of the principle of due process,we should fully emphasize that the value of the principle of due process matches its own importance.The principle of the connection between fine and punitive damages can play a positive value in the application of the connection between the two,so as to fully respond to the requirements of practice.