CivillaworCriminallaw。Civil law(DistinguishedfromCivil lawsystem)isthelawofprivaterightsandduties.Aswithsubstantivelaw,generalexamplesincludethelawsregardingtortscontracts,andrealproperty.Whyisitacivil law?Becauseitdealswithdutiesbetweenprivateparties;andanyviolation of itisawrongbetweentheparties,notawrong againstthewholecommunity.Criminal lawontheotherhand,isthelaw ofpublicrights andduties;putanotherway,itisthe law that creates and controls wrongs committed against the wholecommunity.Criminallawviolationsarecalledcrimes.Specificexamplesincludelawsagainstassault,burglary,androbbery
Civil law or Criminal law ◦ Civil law ◦ (Distinguished from Civil law system) is the law of private rights and duties. As with substantive law, general examples include the laws regarding torts, contracts ,and real property. Why is it a civil law? Because it deals with duties between private parties; and any violation of it is a wrong between the parties, not a wrong against the whole community. ◦ Criminal law ◦ on the other hand, is the law of public rights and duties; put another way, it is the law that creates and controls wrongs committed against the whole community. Criminal law violations are called crimes. Specific examples include laws against assault, burglary, and robbery
SubstantiveandprocedurallawSubstantivelawoconsistsofwrittenstatutoryrulespassedbylegislaturethatgovernhowpeople behave.These rules,or laws,definecrimes andsetforthpunishment.Theyalsodefineourrightsandresponsibilitiesas citizensThereareelementsofsubstantivelawinbothcriminalandcivillaw.Procedurallawgovernsthemechanicsof howalegal caseflows,includingstepstoprocess a case.Eg:criminalprocedurelaw,civilprocedurelaw
Substantive and procedural law ◦Substantive law ◦ consists of written statutory rules passed by legislature that govern how people behave. These rules, or laws, define crimes and set forth punishment. They also define our rights and responsibilities as citizens. There are elements of substantive law in both criminal and civil law. ◦Procedural law ◦ governs the mechanics of how a legal case flows, including steps to process a case. Eg: criminal procedure law, civil procedure law
1.1.4LegalrelationInasocietythereisasetofvariousrelations(?)oeconomic,political,moral,spiritual,cultural,etcActuallythehumansocietyissetofrelations,aproductofinteractionofpeople.Thusall kindsandforms oftherelations arising andfunctioningina societybetweenindividuals and their consolidations,are (unlikeinterrelations inthenature)public,orsocial.Aprofessional relationthatisregulatedbylaw
1.1.4 Legal relation ◦ In a society there is a set of various relations(?) - ◦ economic, political, moral, spiritual, cultural, etc. ◦ Actually, the human society is set of relations, a product of interaction of people. Thus all kinds and forms of the relations arising and functioning in a society between individuals and their consolidations, are (unlike interrelations in the nature) public, or social. ◦ A professional relation that is regulated by law
Legal relations exists among alarge number of otherrelationsin a nowadays society: economical relations,moral relationsetc.Wecan distinguish some attributes a legal relation has:-itisarealtion between/amongsubjectsoflaw,-it is regulated bynorms that indicate how the partiesshouldact;-itbelongs to thebranchof socialrelations;-itsexecution is embraced bytheofficialorgans
Legal relations exists among a large number of other relations in a nowadays society: economical relations, moral relations, etc. We can distinguish some attributes a legal relation has: -it is a realtion between/among subjects of law; -it is regulated by norms that indicate how the parties should act; -it belongs to the branch of social relations; -its execution is embraced by the official organs
Elementsoflegal relationsSubjects。ObjectsContents Legal fact
Elements of legal relations ◦Subjects ◦ Objects ◦ Contents ◦ Legal fact