Study on the Conversion between Criminal Liability and Civil Liability

Abstract

The conversion between criminal liability and civil liability means, when the actor is required to bear both criminal liability and civil liability, the two kinds of responsibilities can substitute each other in quality and quantity under certain conditions and in accordance with certain procedures. In essence, it is the impact of civil liability fulfillment on the basis of criminal liability, which further affects the undertaking of criminal liability. The conversion between criminal liability and civil liability includes two levels: the conversion of criminal liability to civil liability and the conversion of civil liability to criminal liability. It is usually applicable to minor offences that infringe on individual legal interests. The conversion should follow specific procedures. In order to realize the conversion between criminal and civil liability, our concepts should be further updated; relevant provisions should be improved in the level of substantive law.