1. Different from criminal law, civil law is a punitive law. Not an eye for an eye, a tooth for a tooth, but to make up for your injury when you are hurt. Can killing a murderer save a person's life But it really helps to alleviate the suffering of the victims. Although civil law has an inherent deterrent from punishment, its punishment will not deprive life.
2. besides the relief of civil law, civil law has great flexibility. For example, the case of impersonating a school can be sentenced to infringement of the right to education and the right to name. When breaking the law, lawyers should boldly and cautiously expand the scope of application of the law, choose a law that can be used, and follow the principle of being particularly superior to the general. In the relatively closed criminal law system, the judiciary has become an ATM machine that inputs case facts and legal provisions and outputs legal judgments. Civil law not only needs to understand and match seats, but also needs a series of choices and measures. Although the abuse of discretion in civil law has been criticized, it is undeniable that it has made great contributions to the fair value of law.
3. At the same time, civil law has a strong vitality, and the relationships it regulates are intertwined in our lives. Unlike criminal law, which aims at crimes with serious social harm, civil law considers major daily problems between equal subjects. This determines its role in regulating individual behavior in daily life, not just laws related to a few people. With the development of social security and economy, the crime rate will be lower and lower, people's living standards will continue to improve, and the use of criminal law will gradually decrease. However, the complicated social relations in the market economy will make the civil law eternal to some extent. It can even be said that as long as there are people in the world, there will be social relations, and as long as there are social relations, civil law is necessary. In the long run, the existence of criminal law is to disappear and to commemorate the forgotten. But civil law will accompany mankind to the end.
legal basis:
People's Republic of China (PRC) criminal law amendment (7) 1. Article 17 of the Criminal Law is amended as: "A person who has reached the age of 16 commits a crime and shall bear criminal responsibility.
"A person who has reached the age of 14 but under the age of 16 commits the crime of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances, and shall bear criminal responsibility.
"If a person who has reached the age of 12 and is under the age of 14 commits the crime of intentional homicide or intentional injury, and causes death or serious disability by particularly cruel means, if the circumstances are bad, he shall be prosecuted with the approval of the Supreme People's Procuratorate, and shall bear criminal responsibility.
"If a person under the age of 18 is investigated for criminal responsibility in accordance with the provisions of the preceding three paragraphs, his punishment shall be given a lighter or mitigated punishment.
"Those who are not given criminal punishment because they are under the age of 16 shall be ordered to be disciplined by their parents or other guardians; If necessary, carry out special correction education according to law. "
2. One article is added after Article 133bis of the Criminal Law as Article 133bis: "Whoever uses violence against the driver of a running public transport or seizes the driving control device, interferes with the normal operation of public transport and endangers the safety of public transport, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance and shall also, or shall only, be fined.
"Drivers listed in the preceding paragraph who leave their posts without permission on public transport, fight with others or beat others, thus endangering the safety of public transport, shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment
3. Amend the second paragraph of Article 134 of the Criminal Law to read: "Whoever forces others to take risks in operation in violation of regulations, or who knows that there are serious accidents and does not rule them out, but still takes risks in organizing operations, resulting in heavy casualties or other serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the circumstances are particularly bad, they shall be sentenced to fixed-term imprisonment of more than five years. "