西南石油大学学报(社会科学版) ›› 2015, Vol. 17 ›› Issue (4): 76-83.DOI: 10.11885/j.issn.1674 5094.2014.11.23.02

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Integration of Criminal Law and Civil Law
——A Discussion on“Civil Liability”Clause of the Penal Code of the Philippines

HUANG Meiqiang   

  1. Law School,Southwest University of Political Science and Law,Chongqing,401120,China
  • Online:2015-07-01 Published:2015-07-01
  • Supported by:

    中国东盟法律研究中心2014 年规划项目“东盟国家刑法比较研究”(CALRC(2014)004)。

Abstract:

The Penal Code of the Philippines specifically stipulates the civil liability of the perpetrators,which is of great
significance in ensuring the criminal’s civil liability to pay compensation to the victim,and in guaranteeing the rights of the
victim and promoting the integration of criminal law and civil law. About the civil liability of the perpetrator,there exist conflict
and contradictions among provisions of China’s criminal law and civil law,which makes it difficult to protect the victims’
right to compensations. Therefore,the author holds it necessary for China’s criminal law and civil law to integrate. As for the
realization of integration of China’s criminal law and civil law,efforts should be made in conceptual,normative and practical
aspects: we must change our ideas and put emphasis on victim right protection;we must improve criminal legislation and
maintain consistency between the criminal law and the civil law,and we must coordinate criminal and civil justice to ensure
the resolution of criminal disputes.