What is the difference between a civil dispute and a criminal dispute

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 difference between civil disputes and criminal disputes is the problem of handling, and in principle, the target of the treatment is different from the parties to the litigation.

Legal analysis

Disposability of civil disputes. It is divided into administrative disputes and criminal disputes. According to the characteristics and content of civil disputes, civil disputes can be divided into two major contents:

The first category is civil disputes related to property relations, including civil disputes over property ownership relationships and civil disputes over property circulation relationships. The other category is civil disputes over personal relationships, including civil disputes over personality rights and identity relationships. The settlement of civil disputes shall be negotiated and settled.

On the basis of equality and voluntariness, the parties shall reach a settlement agreement through friendly consultation, mutual understanding and mutual accommodation, and then resolve the dispute. Mediation settlement. Under the auspices of relevant organizations (such as people's mediation committees) or intermediaries, on the basis of equality, voluntariness, and legality, distinguish right from wrong, clarify responsibilities, and promote the parties to reach an agreement on their own through presenting facts and reasoning, so as to resolve disputes.

Arbitration Resolution. The parties to the dispute shall apply to the arbitration institution in accordance with the arbitration agreement or arbitration clause in the contract reached before or after the dispute, and the arbitration institution shall hear and make an award in accordance with the law, and the dispute shall be resolved through the parties' conscious performance of the award or the application of one party to the people's court for compulsory enforcement. Litigation Resolution.

Settlement through litigation refers to the fact that one of the parties to the dispute files a lawsuit with the people's court in accordance with the law, and the court hears the case in accordance with the law, makes a judgment or ruling, and resolves the dispute through the parties' conscious performance of the effective judgment or the compulsory enforcement of the people's court. Criminal disputes are disputes involving criminal cases, and those who are subject to criminal responsibility are mostly public prosecution cases and generally cannot be mediated. The difference between the two:

The legal liability is different, civil disputes are generally compensation for losses, restitution, repairs, etc., and criminal liability mainly includes the assumption of fixed-term imprisonment, life imprisonment, or criminal detention, control, fines and other liability solutions, civil disputes can be resolved through negotiation between the two parties, or rights can be waived. Criminal cases are generally resolved through the exercise of the procedural law on the basis of the public procuratorate, procuratorate, and law, and there is no room for negotiation.

Legal basis

Civil Procedure Law of the People's Republic of China》 Article 2 The tasks of the Civil Procedure Law of the People's Republic of China are to protect the parties in exercising their procedural rights, to ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, to hear civil cases in a timely manner, to confirm the relationship between civil rights and obligations, to sanction civil violations, to protect the lawful rights and interests of the parties, to educate citizens to consciously abide by the law, to maintain social and economic order, and to ensure the smooth progress of the cause of socialist construction.

Criminal Procedure Law of the People's Republic of China Article 2 The tasks of the Criminal Procedure Law of the People's Republic of China are to ensure that the facts of crimes are accurately and promptly ascertained, that the law is correctly applied, that criminals are punished, that innocent persons are not criminally prosecuted, that citizens are educated to consciously abide by the law, that they actively struggle against criminal acts, that the socialist legal system is safeguarded, that human rights are respected and protected, that citizens' rights in person, property, democracy and other rights are protected, and that the cause of socialist construction is carried out smoothly.

The legal responsibility is different, civil disputes are generally compensation for losses, restitution, repair of the button, etc., criminal liability mainly includes the responsibility of fixed-term imprisonment, life imprisonment, or criminal detention, control, fines, etc. Crimes are generally resolved through the use of the procedural law on the basis of the public procuratorate, procuratorate, and law, and there is no room for negotiation.