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1.A criminal offense is a criminal act, which refers to the conduct of a criminal suspect who violates the criminal law and meets or must accept criminal punishment. It has the following characteristics:
1.It is socially harmful. That is, the perpetrator causes a certain amount of harm to society through acts or omissions, which is the most essential or basic characteristic of constituting a crime.
2.It is a criminal offense.
3.Punishable by the penalty. A crime is an act punishable by criminal punishment in accordance with the provisions of the Criminal Law.
2.Administrative offenses refer to acts that violate the norms of administrative law.
What are the requirements for an act to constitute an administrative violation? As far as tax violations are concerned, according to the spirit of the provisions of the Tax Collection and Administration Law, as long as the objective elements of tax evasion, evasion of tax collection, tax resistance or other violations of the tax management system are met, they constitute tax violations and should be subject to administrative penalties in accordance with the law. The subject of tax administrative punishment is a specific subject, i.e., a taxpayer or a specific object of tax administration, and at the same time, it should be an entity with the capacity for administrative liability.
Therefore, in the context of tax administrative penalties, "one matter" refers to a tax violation that is discovered as of the time when the penalty is imposed. If there is continuous tax evasion, the amount of tax evasion shall be calculated cumulatively.
3.Breach of contract and tort.
Acts that violate civil laws and regulations and harm the civil rights of others. There are two main conditions for its composition: (1) infringement of the rights and interests of others protected by civil law; (2) The act is illegal, that is, it violates the provisions of civil law.
Civil violations are divided into two categories: breach of contract and tort, the former refers to the failure of the parties to the contract to perform or incomplete performance of contractual obligations without legal reasons, and the latter refers to acts other than the contract that illegally infringe on the civil rights of others. Civil offenses can be divided into acts and omissions in the form of manifestation. An unlawful act is the commission of an act prohibited by law; Unlawful omission is the failure to do what is required by law.
Compared with other violations, it has the following characteristics: (1) a civil violation is an act that violates an obligation to act or refrain from acting under the civil law; (2) Some civil violations do not require the actor to be subjectively at fault, such as engaging in highly dangerous operations that cause property or personal injury to others, even if the actor is not subjectively at fault, it also constitutes a civil violation; (3) For civil violations committed by persons without capacity for civil conduct, although they do not bear civil liability, their guardians shall bear the corresponding civil liability; (4) Under certain circumstances, acts that violate national civil policies and the public interests of society may also constitute civil violations.
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All of them have prohibited acts of act or omission as prescribed by law.
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That's a false accusation.
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A civil offense refers to an act in which a party violates the provisions of the Civil Law when performing its civil obligations. For example, when a party fails to perform its obligations as agreed in the contract, it constitutes a civil offense.
An administrative offense refers to an act in which a party violates the provisions of the administrative law when performing an administrative obligation. For example, when a party fails to meet the requirements made by an administrative authority, it constitutes an administrative offense.
A criminal offense refers to an act in which a person violates the provisions of the criminal law in the performance of his or her civic duties. For example, when a party fails to comply with the laws, rules, and regulations of the country, it constitutes a criminal offense.
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Legal analysis: The main differences between administrative liability and criminal liability are: 1. The illegal acts pursued are different.
It is the criminal act that is pursued for criminal liability; It is the general violation of the law that is subject to administrative liability. 2. The organs that pursue responsibility are different. Investigation of criminal responsibility can only be decided by the judicial organs in accordance with the provisions of the Criminal Law of the People's Republic of China; The pursuit of administrative responsibility shall be decided by the specific administrative organs of the state in accordance with the provisions of the relevant laws.
3. The consequences of bearing legal responsibility are different. Criminal liability is the most severe sanction, and criminal law can impose the death penalty with a deeper degree of severity than administrative responsibility.
Legal basisArticle 179 of the Civil Code of the People's Republic of China The main ways to bear civil liability are:
1) Cease the infringement;
2) removal of obstructions;
c) eliminate the danger;
4) the return of property;
5) restitution;
6) Repair, rework, and replacement;
vii) continued performance;
8) Compensation for losses;
9) Payment of liquidated damages;
10) Eliminate the impact and restore reputation;
11) Apologize.
Where the law provides for punitive damages, follow those provisions.
The methods of bearing civil liability provided for in this article may be applied separately or in combination.