What is the difference between an administrative dispute and a civil dispute?

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.

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.

Administrative litigation can be tried on a case-by-case basis for civil disputes. According to the provisions of China's "Administrative Litigation Law", in administrative litigation involving administrative licensing, registration, expropriation, requisition, and administrative organs' adjudication of civil disputes, if the parties apply to resolve the relevant civil disputes together, the people's courts may hear them together.

Legal basis] Article 61 of the Administrative Litigation Law of the People's Republic of China.

In administrative litigation involving administrative licensing, registration, expropriation, requisition, and rulings made by administrative organs on civil disputes, where the parties to the registration apply to resolve the relevant civil disputes together, the people's courts may hear them together.

In administrative litigation, where the people's court finds that the trial of the administrative case needs to be based on the judgment of the civil litigation, it may rule to suspend the administrative litigation.