What is the difference between civil and criminal, and what is the difference between civil and crim

Civil cases refer to disputes between civil subjects with equal legal status, which cannot be resolved through negotiation between the parties, but resort to the judicial organs and request that the judicial organs accept and clarify and define the relevant civil rights and obligations, mainly referring to cases related to property rights and interests, such as contract disputes, property rights disputes, etc., as well as disputes arising from tortious acts, such as beating others and causing minor injuries (if the injuries are serious, it will become a criminal case), as well as cases of marriage and family. For example, liabilities arising from civil relationships (such as contracts, debts, inheritance, marriage, etc.), including compensation, payment, performance, formal apology, etc. Civil liability is the relationship between civil subjects;

Criminal cases refer to cases in which a criminal suspect or defendant is accused of violating social relations protected by the Criminal Law, and the state files a case for investigation, trial, and imposes criminal sanctions (such as fines, fixed-term imprisonment, death penalty, deprivation of political rights, etc.) in order to pursue the criminal responsibility of the criminal suspect or defendant. to bear criminal responsibility. The state judicial organs shall take the initiative to intervene.

The difference is that civil cases generally follow the principle of non-prosecution and ignorance, that is, the parties do not take the initiative to request the national judicial organs, and the national judicial organs generally do not intervene in the disputes between the parties. In formal cases, the state criminal justice organs generally take the initiative to intervene, and after the victim or the public reports the case, the public security and procuratorial organs will intervene in the investigation. The procuratorate then prosecutes the defendant on behalf of the state, and the court imposes sanctions on behalf of the law.

The nature of the two megarough models, the applicable substantive law and the applicable procedural law are all different

1. Nature: Criminal cases refer to criminal acts that endanger society, violate criminal law, and should be punished by criminal law, which is of the nature of class contradictions; Civil cases, on the other hand, mainly refer to disputes over the nature of civil obligations and rights, which are of the nature of contradictions among the people.

2. The only law applicable to criminal cases is the Criminal Law; In civil cases, the generally applicable substantive laws include the General Provisions of the Civil Law and the Marriage Law.

3. When the relevant departments hear civil cases, they usually apply the relevant provisions of the Civil Procedure Law and judicial interpretations; However, when adjudicating criminal cases, only the relevant provisions of the Criminal Procedure Law and judicial interpretations are generally applied.

Legal Analysis: Criminal cases refer to cases in which a criminal suspect or a pailor or defendant is accused of violating the social relations protected by the criminal law, and the state files a case for investigation, trial, and criminal sanctions in order to pursue the criminal responsibility of the criminal suspect or defendant. Civil cases are lawsuits arising from disputes between citizens, legal persons, and citizens and legal persons who are equal subjects, mainly referring to cases related to property rights and interests.

Criminal cases are based on criminal law, while civil cases are based on civil law.

Legal basis: Article 1 of the Criminal Law of the People's Republic of China This Law is formulated in accordance with the Constitution and in light of China's specific experience and actual situation in the struggle against crime in order to punish crimes and protect the people.

The differences between civil and criminal are as follows:

1. The applicable law is different, the law of the civil law system is applied to the civil case, and the law of the criminal law system is applied to the criminal case;

2. The adjustment of legal relations is different, most of the adjustments in civil cases are torts and breaches, and the adjustments in criminal cases are generally infringement, damage, and harm;

3. The litigation procedures are different, the parties to civil cases can directly sue and enter the trial procedures, while criminal cases generally need to go through case filing, investigation, filing a public digging lawsuit, and entering the trial procedure;

4. The enforcement methods are different, the performance of liability and obligations in civil cases is self-performance supplemented by compulsory enforcement, while in criminal cases, it relies on the coercive force of the state apparatus to enforce it;

5. The burden of proof is different, in civil cases, the parties have the burden of proof, while the victims or parties in criminal cases do not have a mandatory burden of proof;

6. The social harmfulness is different, the criminal offense is an act with serious social harm, while the social harm of civil offense is much smaller, not serious social harm.

Legal basisArticle 3 of the Criminal Procedure Law of the People's Republic of China.

The public security organs are responsible for the investigation, detention, execution of arrest, and preliminary trial of criminal cases. The people's procuratorate is responsible for the prosecution, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions. The people's courts are responsible for trials.

Except as otherwise provided by law, no other organ, group or individual may exercise these powers in a hurry.

People's courts, people's procuratorates, and public security organs conducting criminal proceedings must strictly abide by the relevant provisions of this Law and other laws.

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