On Relationship Between Crime Determination and Contract Validity in Criminal and Civil Cross Cases
When there is an intersection between contract acts and criminal acts,the focus of the judgment is to clarify the relationship between contract validity and crime determination.They belong to different legal norms and cannot be mutually prov-en.If the perpetrator is suspected of committing a criminal offense,it does not necessarily lead to the invalidity of the contract.The validity of the contract shall be determined in accordance with the provisions of civil law;even if there is a valid contract,it cannot be a direct reason to prevent the establishment of the crime.Criminal law should further transform the judgment of the va-lidity of the contract into the judgment of the illegality of the act.The illegality of behavior is based on the monism of mitigated il-legality,and behaviors allowed by civil law must not have criminal illegality;acts prohibited by civil law may not necessarily have criminal illegality.On this basis,the determination of the relationship between criminal law and civil law should adopt the principle of relative subordination.The subordination is reflected in the general illegality established by the law before criminal illegality,and the relativity is reflected in the difference in the amount of legal interest infringement caused by general illegality and criminal illegality.
criminal and civil cross casecontract validitycrime determinationmoderating illegal monism
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