Civil Law and Criminal Law: Evolution, Instrumentalization, Negative Side Effects
- By Didier Rebut
Pages 49 to 59
Cite this article
- REBUT, Didier,
- Rebut, Didier.
- Rebut, D.
https://doi.org/10.3917/pouv.128.0049
Cite this article
- Rebut, D.
- Rebut, Didier.
- REBUT, Didier,
https://doi.org/10.3917/pouv.128.0049
The recourse to criminal law instead of civil law is often presented as one of the manifestations of the process of criminalization. It is true that criminal law offers more advantages than civil law, which explains why litigants prefer the former. Lawmakers have acknowledged this situation and have tried to limit access to criminal justice and to reduce its advantages. Yet, these restrictions can only be limited, given the fact that access to criminal justice, which is a fundamental right, cannot be prohibited. It follows that access to criminal justice will diminish in favour of civil justice only if the latter is reformed so as to present similar advantages.