How to distinguish between civil and criminal cases

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 fixed-term imprisonment, death penalty, deprivation of political rights, etc.) in order to pursue the criminal responsibility of the criminal suspect or defendant. Civil cases are litigation 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, but also including personal cases such as marriage and family. Such as breach of contract, divorce, property inheritance, personal injury, etc.

The difference between the two: 1. From the perspective of the subject of litigation, criminal litigation is "official suing the people", but there are exceptions, in private prosecution cases in the criminal law system, the plaintiff is also a citizen or legal person; The status of the subjects of civil cases is equal. 2. From the perspective of the statute of limitations, the statute of limitations in a criminal case is the maximum period of sentencing for the crimes that may be involved in the specific criminal act, for example, it is possible to sentence 3-5 years, and the statute of limitations is 3 years, but if the procurator finds it necessary to prosecute, the statute of limitations is ignored, and after the issuance of a wanted warrant, the statute of limitations is not calculated; The statute of limitations for civil cases has been changed from 2 years to 3 years since the General Provisions of the Civil Law came into effect on October 1, 2017, unless there are special provisions of the law.

Whether it is a criminal case or a civil case, the law has provisions on the suspension or interruption of the statute of limitations.

The main differences between civil cases and criminal cases are as follows:

1.They belong to different areas of law. Civil cases are cases arising from violations of civil laws and arise from the civil field. Criminal cases are against criminal law and arise from the criminal sphere.

2.The subjects involved are different. The two parties to a civil case are the two parties to the dispute, that is to say, the two parties are equal subjects.

In a criminal case, one of the two parties is generally the state public prosecution organ, and the other party is the perpetrator, and the victim is not qualified as a plaintiff.

3.The legal consequences are different. Parties to civil cases may freely dispose of their rights, such as waiving claims for compensation, but in criminal cases, the victim is not allowed to waive the pursuit of the perpetrator's criminal responsibility, but may also waive the pursuit of civil compensation.

4.Judges are in a different position. Judges in criminal cases are more active than judges in civil cases.

Legal basis. Article 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 specifically provided by law, no other organ, group or individual has the right to exercise these powers. 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.

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.

Difference Between Civil Case and Criminal Case:

1. The applicable laws are different. The Civil Procedure Law shall apply to civil cases, and the Criminal Procedure Law shall apply to criminal cases;

2. The subject of prosecution is different, the subject of prosecution in civil cases is generally a natural person, and the subject of prosecution in criminal cases is the procuratorate;

3. The consequences are different. Civil cases bear civil liability for compensation. Criminal liability in criminal cases.

Article 3 of the Civil Procedure Law.

The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Article 5 of the Code of Criminal Procedure.

The people's courts exercise their adjudication power independently in accordance with the provisions of law, and the people's procuratorates exercise their procuratorial power independently in accordance with laws and regulations, and are not subject to interference by administrative organs, social groups, or individuals.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you sort out the relevant information and communicate with professionals in detail.