One of the characteristics of the legal system of contemporary countries，is under the coordination of the constitution，Different adjustment of the adjustment objects and adjustment methods is formed.，Coordinated and self -contained。With the refinement of legislation，Different departments laws are common to formulate corresponding rules on the same type of behavior.，Cases involving criminal and civil (administrative) legal relations in practice are endless，The promulgation of the "Civil Code" also provides new opportunities for in -depth discussion of the relationship between punishment and people。early 21st century，Criminal law research and judicial practice adopt the perspective of "distinction theory" to determine the nature of a case; in recent years，The concept of "punishment and people (line) cross" rise，Fundamental changes of the thinking paradigm: the commitment of criminal responsibility and civil liability is no longer considered to be the opposition between this is the other，Instead, under the perspective of "Combination theory"，Guide specific referee with the principle of unity of law order，As long as it can exclude contradictions that are not allowed to be allowed to be unified、Conflict，The perpetrator is completely likely to assume criminal responsibility and civil liability at the same time。From this，Study on the Standard of the Penalty Division has shifted to discussions on criminal illegal judgment methods and effects，How to achieve the unity of legal order while ensuring the independence of the law of the department has become a new issue。

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The principle of unity of law order is an important theory of coordinating the judgment of law illegality of various departments。Generally speaking，Regulations on the same behavior of various departments cannot Bet365 app download be confused，If a certain department law evaluates a certain behavior as legal and another department law will be evaluated by law，The parties cannot predict the consequences of behavior，Citizen freedom is limited，The guidance of the law is not realized。So，French order needs to maintain unification within a certain limit to become consensus，But the unified existence of theoretical differences exactly in what sense。

From the perspective of illegal one theory of the law，Any illegal act is a damage to the overall order order，If the legal system is compared to the ships sailing at sea，Destruction of any part of the hull (regardless of the civil law or the criminal law)，can all overwrite the ship，Therefore, the front conditions of general illegality as criminal violations。This theory intends to achieve the unity of legal order with "unity of illegality"，Civil Law、Administrative Law is deemed to be the front law，Criminal Law as the rear law，The judgment of the rear method must be premise of the judgment of the previous method。This theory has certain logic rationality，It can also play a prompting role for legislation，But ignored the concept of illegality in civil liability、Different role in criminal liability pursuit，Excessive expectations for the concept of general illegal nature，It is impossible to give effective guidance on the problems that really need to be solved (whether the behavior constitutes a crime)。

Civil law specifications are mostly arbitrary regulations，Focus on meaning autonomy and rights relief，Whether the behavior is prohibited is not the focus; but the criminal law specification is compulsory regulations，The purpose of its norm is "punishment crime，Protect the People "。Take the competition of contract behavior and criminal crime as an example，Criminal Law focusing on evaluating the means of the contract constitute a crime，Civil Law focuses on determining whether the result of the contract is effective (whether the contract is valid、Who will bear Bet365 lotto review the liability for breach of contract)，Both are different。Fraud -related contracts belong to a withdrawal contract in the Civil Law specification，That is, there is no right party to enjoy the right to revoke -exercise the right to revoke, the contract is invalid from the beginning，The contract is valid without exercising the right to revoke。This system design aims to encourage transactions、Promoting social wealth，So civil law tends to decide the effectiveness of the contract by the non -wrong party，and strictly limited the situation where the contract is invalid。As long as you realize the difference in this standard purpose，Naturally, you can accept "the contract behavior constitutes the crime of fraud，The conclusion of the contract is still valid "。The illegal judgment of different departments has different logic，But the difference in legal effect does not mean that there is a contradiction that is difficult to reconcile。On the contrary，Excessive emphasis on the independence of general illegality will be dwarfed by criminal law、Specialty。If the crime is determined to be judged by the front law，Not only affects the scientific nature of the entire legal system，It is also illegal to criminal legal principles。

other，Many scholars propose that the Constitution is in the highest level in the legal system，The criminal law should be coordinated by constitutional interpretation、Conflicts that may exist in civil law，To maintain the unity of the order order。This point of view is too idealistic: on the one hand，Constantly interpretation is an independent explanation method still controversial，Interpretation rules need to be gifted; on the other hand，It is difficult to directly determine whether a certain behavior belongs to the category of criminal law，"Whether Constitutional Constitution" may replace the judgment of the constituent elements，and exclude the application of other explanations。So，Although you need to adhere to the guidance and restrictions of the Bet365 lotto review Constitution for the application of criminal law，But if you want to maintain the unified order of the law with a constitutional explanation，Lack of specific and feasible solutions。

This article thinks，Unity of law order is not "unity of illegality"，It is not "unity under constitutional explanation"，Instead of "legal unity"。Understand this，It can take into account the realization of the purpose of various departments and the good operation of the legal system，Criminal legislation with the theory combined with the theory of crime、Judicial effective guidance。Specifically，In criminal legislation，The legitimate behavior in civil law should not be set as a crime type。In criminal justice，One aspect，Through the compliance of the composition of the compliance, the standard purpose of the criminal law is achieved。It should be used as a substantial explanation based on the protection of legal benefits，Focus on the differences between the law and benefits of different departments，Correctly grasp the purpose and limit of criminal law -the criminal law has independence、Specialty，It is not only given stricter protection to the protection objects of other departmental laws。On the other hand，The unity of the legal order through the judgment of the illegal obstruction。Only measure the conflict of interest from the perspective of unified legal order，can be evaluated by other departments as legal business behavior outside the criminal law、Self -rescue behavior, etc. as an illegal barrier for super regulations，Therefore, it is consistent with the overall spirit of French order。

You need to pay special attention to，The inherent logic of the criminal law as the prohibition of sexual specifications and the theory constituted the theory of criminal law，Criminal Law only determines whether the behavior constitutes a crime，instead of evaluating whether the behavior is legal。For example，A defense behavior is in line with Article 20 of the Criminal Law, paragraph 1 of the Bet365 app download Criminal Law on the legitimate defense limit，No criminal violations; but because of Article 181, paragraph 2, paragraph 2 of the Civil Code, strict requirements on legitimate defense，This behavior may be completely rated as civil violations，and bear the infringement liability。，The existence of the legal principles of criminal criminal and higher certification standards adopted by criminal proceedings，The perpetrator was declared innocent and did not mean that his behavior was legal，to reject the responsibility of other legal responsibilities。For example，Suspects even if they do not constitute a crime of rape，It is also possible to assume the liability for infringement due to the existence of sexual violations。

　　Criminal Law is not a rear law 

Overall，Different understanding of the unified order of Fa -order reflects how to view the positioning of the criminal law in the legal system，This is directly related to the function of the criminal law function，restricting the physical entity of the punishment and the people、Cognition of program relationship，It is also the origin of the "criminal cross" case treatment.。Traditional theory emphasizes the attributes of the Criminal Law to other department laws、Supplementary，Is the guarantee method of other department law，The "front -rear" relationship between civil law and criminal law defaults。This is to avoid being caught in "Criminal Law and Universal Theory"，But to a certain extent, it has embarked on the extreme of the "post theory of criminal law"。Strictness based on sanctions，The realization of the realization of the right to obligations stipulated in the laws and obligations stipulated in other departments law is a kind of feedback for the effect of legal implementation，This does not mean that the criminal law simply exists or primaries to protect other department laws in order to ensure other department laws，Criminal Law as an independent legal department and other departments such as civil law equality，The application of criminal law does not Bet365 app download rely on the judgment of civil law。

First，The independence of the criminal law is reflected in the system design as the pursuit of fairness and justice recognized in society，The object of punishment is not limited to serious illegal acts in other departmental laws，Instead, the type of criminal behavior is shaped by legal benefits as a starting point，The range of adjustments is more extensive than civil law。For example，The interpretation of legal concepts such as "marriage" and "family members" is different from civil law，Direct effect is the criminal law consciously selected the protected legal benefits，The legal and benefits of the crime of big marriage are not the marriage registration system，The victims of the crime of abuse are not limited to family members stipulated in civil law。The independence of the criminal law is also reflected in the initiative of punishment.、Damage filling for the purpose，It is intended to punish and prevent crimes with strong deprivation of sexual pain。

Next，The emphasis on the independence of criminal law can urge judicial personnel to explain the law in legal documents，Perform the statutory principles of the substantial crime。For example，Similar expressions in the specifications of criminal law，Public prosecution agencies should not only quote other laws and regulations，The amount will、The plot, etc., has reached the administrative illegal act that has reached the standard of prosecution as a crime.，To fully understand the legal benefits of the crimes involved，Consider whether the behavior meets the constituent elements of related crimes。In cases involving fraud，The defender should not directly claim that the "case is a civil dispute" does not constitute a crime，To point out which constituent elements that do not have the crime of fraud are not crime。

Last，The humility of the criminal law does not mean that the application of the criminal law should be negative、Passive，Instead, it should be based on the principle of punishment，Viewing Social Development，Actively explore the reasonable Bet365 lotto review criminal law、Effective and applicable space。Promote the criminal law to be more independent、A positive attitude involved in the areas where other departments are not caught in mana，Avoid the production of penalties，This is not only extremely necessary，and meet the criminal policy requirements of "strict but not strict"。

　　(Author is an associate professor at the School of Law of the Central University of Finance and Economics)