What is the difference between a crime and a general offense? Can you give an example of each?

Illegal acts and criminal acts are acts that endanger social order and infringe upon the lawful rights and interests of others, and should be punished by law. Generally speaking, criminal acts are more harmful to society and the legal consequences caused by ordinary violations are more serious. Specifically, there are the following differences:

1. The size of social harm is different. Generally, the amount of harm to society is specifically measured in terms of the amount, scope, means, and consequences involved in the act. For example, the crime of theft distinguishes between illegal and criminal offenses according to the amount of money, the crime of violent interference with the freedom of marriage emphasizes the need to use violent means, and the crime of intentional injury generally results in the victim's injuries reaching more than minor injuries.

2. The types of laws violated are different. From an objective point of view, the act required to be committed by the perpetrator to constitute a crime violates the relevant provisions of the criminal law; Violation of the law is the violation of the "Public Security Administration Punishment Law" and other laws and regulations on administrative management.

3. The recognized organs are different. Whether a crime is constituted must be determined by the people's court through trial, and no other organ or individual has the right to decide whether another person has committed a crime. Whether or not a violation of the law is constituted may be determined by all organs with administrative functions, such as public security, industry and commerce, taxation, etc.

4. The legal consequences are different. If found guilty of a crime, a criminal penalty may be imposed. Violations of the law are subject to administrative penalties.

Since the punishment can deprive a person of his liberty or even his life for a long time, it is even more severe (administrative detention in administrative punishment can also deprive a person of his or her liberty, but it may not exceed 15 days, and even if there are multiple violations, the combined punishment may not exceed 20 days).

Legal analysis: The degree of harm and punishment methods of violations and crimes are different, the circumstances of the violation are relatively minor, the harm to society is not great, and the civil liability is borne, the circumstances of the crime are relatively serious, and the harm to society is great, and the people's court should be sentenced to criminal punishment in accordance with law. Legal basis:

Article 3 of the Criminal Law of the People's Republic of China: Where the law clearly provides that it is a crime, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

Legal analysis: (1) Differences: general illegal acts violate laws other than criminal law, are harmful to society, and should be punished by law other than criminal punishment in accordance with the law; The criminal act violates the criminal law and is seriously harmful to society, and shall be punished by criminal punishment in accordance with the law.

2) Similarities: If both general violations and crimes violate the law, they will bring different degrees of harm to the society and will be punished by the law. There is no insurmountable gap between ordinary offences and offences, which can evolve into offences.

Legal basis: Article 3 of the Criminal Law of the People's Republic of China: Where the law expressly provides that it is a crime, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

General violations and crimes are essentially the same as the skincode, and the two are closely related: 1. Both are illegal acts, and both violate the laws and regulations of the country, but the degree is different. 2. Both are socially harmful, and both harm the interests of the country and the people to varying degrees, and are essentially the same.

The differences and connections are as follows:

According to the degree of social harm, illegal acts can be divided into serious illegal acts and ordinary illegal acts. A general offense is an act that violates a law other than the criminal law. Different from criminal offenses (crimes), general offenses are less harmful to society and less serious, and have not yet reached the level of a crime.

General violations can be divided into civil violations and administrative violations.

The differences between ordinary offences and criminal offences are as follows:

1. The degree of harm to society is different, and the general violation of the law is not very harmful to society, and the circumstances are minor. The crime is very harmful to society, and the circumstances are serious;

Clause. 2. The laws and regulations violated are different, and the general violation is a violation of laws other than the criminal law. And the crime is a violation of the criminal law;

Clause. 3. The legal responsibilities that should be borne are different, and generally violations of the law do not need to be punished by criminal punishment, but they also have to bear corresponding legal responsibilities, such as the Public Security Administration Punishment Law. Crimes are punishable by criminal penalties.

The difference between breaking the law and committing a crime is relatively obvious, and it can be distinguished from the following aspects:

1. The detection of social hazards is different. Although ordinary violations of law also have awareness of social harm, the severity of social harm is far less than that of crime. This is because criminal acts that are very harmful to society must be adjusted and punished by the criminal law.

2. The criminal offense is different. Although ordinary offences also violate the prohibitions of the law, they do not reach the level of crimes provided for in the criminal law and are therefore not regarded as crimes. However, all criminal acts have violated the relevant provisions of the Criminal Law, and different crimes constitute violations of the corresponding provisions of the Criminal Law according to different crimes.

3. The punishment of the criminal law is different. All criminal acts are punishable by the criminal law, and although the criminal law does not impose criminal punishment for some criminal acts due to some reasons of their own and special provisions of the criminal law, the nature of their criminal punishment under the criminal law has not changed. However, the general offence does not violate the norms of the criminal law.

Therefore, the criminal law does not punish it as a crime, so it does not have the character of being punishable by the criminal law.

The two are linked. Violations of the law in general are essentially the same as crimes, and the two are closely related:

Both are illegal acts, and both violate the laws and regulations of the country, but to different degrees.

Both are socially harmful, and both harm the interests of the state and the people to varying degrees, and are essentially the same.

Legal basis:

Article 16 of the Criminal Procedure Law of the People's Republic of China.

In any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, or the trial terminated, or acquitted

1) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;

2) The statute of limitations for prosecution has already expired;

3) Punishment is waived by a special amnesty order;

4) Crimes that were handled only after a complaint was made in accordance with the Criminal Law, and the complaint was not made or the complaint was withdrawn;

5) The criminal suspect or defendant is deceased;

6) Other laws provide for exemption from criminal responsibility.

The difference between breaking the law and committing a crime is relatively obvious, and there is not much connection, and it can be distinguished from the following aspects.

1. The social harmfulness is different. Although ordinary illegal acts are also harmful to society, the severity of social harm is far less than that of crime. Because for crimes that are very harmful to society, it is necessary to rely on the criminal law to adjust and punish them;

2. The criminal offense is different.

3. The punishment of the criminal law is different.

How to determine the minor violation.

According to the relevant provisions of the Criminal Procedure Law, if the illegal act is slight, the circumstances are obviously minor, the harm is not great, and it is not considered to be a crime, then criminal responsibility will not be pursued. In the relevant provisions of the Administrative Punishment Law, if the illegal act is minor and corrected in a timely manner, and does not cause harmful consequences, no administrative penalty will be given. If it is the first time to violate the law and the harmful consequences are minor and corrected in a timely manner, no administrative punishment will be given.

Legal basis: Article 3 of the Criminal Law of the People's Republic of China.

where the law clearly provides that it is a criminal act, it is to be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.