Social Sciences in China (Chinese Edition)

No.4, 2020

 

The Integration and Development of Humanistic Civil Law and Object-oriented Criminal Law

(Abstract)

 

Liu Yanhong

 

Humanistic civil law and object-oriented criminal law are complementary and are indispensable parts of the whole legal order. The civil code, guided by the general principles of civil law, adheres to the people-oriented concept and is full of care for humanity, and that is why it is known as the humanistic civil law of human nature. Criminal law, as a tangible or intangible tool to combat crime, essentially has the metaphysical characteristics of object-orientation or instrumentalism, and therefore is regarded as object-oriented criminal law. Under the background of the rule of law era when public and private laws interpenetrate and integrate with each other, humanistic civil law helps to strengthen the humanized characteristics of criminal law, and thus forms humanized criminal law legislation, a humanized criminal law system, and humanized criminal law interpretation, so as to realize the humanization of object-oriented criminal law. The homology and commonality of public and private law determine that object-oriented criminal law plays an important role in improving and guaranteeing the development of humanistic civil law. Object-oriented criminal law helps to reshape the value concepts of fairness and justice of civil law, enhance the compulsion of civil law norms, strengthen the protection of the private rights of civil subjects, and promote change and development in civil law legislation and civil justice, so as to influence humanistic civil law. The interpenetration and integration of humanistic civil law and object-oriented criminal law are a new vein in the future development of a legal discourse system with Chinese characteristics.