The difference between civil disputes and criminal disputes and administrative disputes

Applicable laws differ. The Civil Code and the Civil Procedure Law are mainly applicable to civil affairs; Administrative laws, regulations and administrative litigation laws are mainly applicable; The burden of proof is different. In civil litigation, whoever asserts the right is responsible for presenting evidence, and the purpose of the litigation is different.

Civil litigation is to resolve disputes over civil rights and obligations between equal subjects; What administrative litigation aims to resolve is the legality and correctness of specific administrative acts of state administrative organs.

Legal analysis

The main body is different. Civil lawsuits: Lawsuits brought between citizens, legal persons, other organizations, and between them on the basis of property and personal relations.

Criminal Proceedings: Litigation activities in which the adjudication, procuratorial and investigative organs, with the participation of the parties and participants in the litigation, resolve the issue of the criminal responsibility of the prosecuted person in accordance with legal procedures. Administrative Litigation:

Citizens, legal persons or other organizations consider administrative organs andLaws and Regulations

A system whereby specific administrative acts taken by authorized organizations infringe upon their lawful rights and interests, and a lawsuit is filed with the people's courts in accordance with legal procedures, and the people's courts, with the participation of the parties and other litigation participants, review the legality of the specific administrative acts and make rulings. "Civil disputes" refers to social disputes that arise between equal subjects and have civil rights and obligations as their content. Criminal disputes refer to the uncoordinated relationship between the perpetrator and the victim due to interests, emotions, and other reasons, and through the special external form of crime.

The difference between the two is that the parties to a civil dispute are equal subjects, while the parties to a criminal dispute are the procuratorate exercising the right of action on behalf of the state in a public prosecution case, and the parties are equal in a private prosecution case.

Legal basis

Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, other organizations, and between them due to property and personal relationships.

Article 169 of the Criminal Procedure Law of the People's Republic of China: All cases that require public prosecution shall be reviewed and decided by the people's procuratorate.

Article 3 of the Administrative Litigation Law of the People's Republic of China: People's courts shall safeguard the right of citizens, legal persons, and other organizations to sue, and accept administrative cases that should be accepted in accordance with law. Administrative organs and their staffs must not interfere with or obstruct the people's courts' acceptance of administrative cases. The responsible person for the administrative organ that is the subject of the lawsuit shall appear in court to respond to the lawsuit.

and where they are unable to appear in court, they shall entrust the corresponding staff of the administrative organ to appear in court.

Legal analysis: The biggest difference between these two types of disputes is whether the status of the subject is equal. If it is between equal subjects, it is civil.

Such as buying and selling relationships. In some cases, civil activities in which the administrative units participate on an equal footing, such as the purchase of office supplies, are civil disputes. If the status of the subjects is unequal, it is an administrative dispute.

Such as the administrative bureau scum envy punishment and so on.

Legal basis: "Administrative Litigation Law of the People's Republic of China" Article 32: The defendant bears the burden of proof for the specific administrative act taken, and shall provide all the evidence on which the specific administrative act is based and the normative documents on which it is based within 10 days of receiving a copy of the complaint. Where the defendant does not provide evidence or fails to provide evidence within the time limit without a legitimate reason, it is to be viewed that there is no corresponding evidence for the specific administrative act being sued.

We all know that civil disputes are a kind of legal disputes, and civil disputes arise with civil rights and obligations as the content of civil disputes due to violations of the norms of civil legal obligations. Administrative disputes are also a type of legal disputes. So, what is the difference between civil disputes and administrative disputes?

Now I will introduce it to you.

1. The difference between civil disputes and administrative disputes

1. The subject of the dispute is different.

Among the subjects of administrative disputes, under normal circumstances, one of the parties must be an administrative organ, or at least an organization authorized by laws and regulations or an organization entrusted by an administrative organ. Such disputes are usually not likely to arise between equal subjects. Civil disputes do not have such special requirements.

At the same time, in the vast majority of administrative disputes, the administrative organ, as the main party, is often in a more advantageous position than the counterpart. There is an unequal relationship between them, which is characterized by "command-obedience". The status of both parties to a civil dispute is equal, and even the right party cannot rely on coercive force to directly issue orders to the other party.

2. The causes of the dispute are different.

Administrative disputes arise from the counterparty's dissatisfaction with specific administrative acts of administrative organs, and civil disputes arise from civil juristic acts. Further, administrative acts can lead to civil disputes, but civil acts cannot cause administrative disputes.

3. Qi Xun's means of resolving disputes are different.

A considerable part of administrative disputes are resolved by administrative organs through administrative reconsideration, administrative adjudication, and other administrative judicial channels, and the administrative litigation procedures of the people's courts are only one way to resolve administrative disputes, but they are not the only way. If a civil dispute cannot be resolved through negotiation, it shall be brought to the court and resolved through civil litigation procedures.

2. Civil disputes

Civil disputes refer to social disputes (disposable) between equal subjects with civil rights and obligations as the content, and are the sum of legal norms dealing with personal and property relations between equal subjects, so all violations of this concept will give rise to civil disputes.

3. Administrative disputes

Administrative disputes refer to disputes arising from administrative management between state administrative organs or between state administrative organs and enterprises, public institutions, social organizations and citizens. Including administrative disputes and administrative case forms.

The difference between civil disputes and administrative disputes: the subject of the dispute is different; The cause of the dispute is different; There are different means of resolving disputes. "Civil disputes" refers to social disputes that occur between equal subjects and have civil rights and obligations as their content; Administrative disputes refer to disputes arising from administrative management between state administrative organs or between state administrative organs and enterprises, public institutions, social organizations and citizens.