What is civil liability? What is criminal liability?

Generally speaking, if you directly or indirectly infringe on the personal and property interests of others, you need to bear civil liability, and when you reach a certain level, you will have to bear criminal liability

Legal analysis: Civil liability, abbreviation of civil legal liability, refers to the civil legal consequences that a civil subject bears in accordance with the civil law or based on special provisions of the law due to the commission of a civil illegal act in civil activities. Criminal responsibility refers to the legal responsibility that the offender should bear for committing a criminal act, and his legal responsibility is pursued in accordance with the provisions of the criminal law, including the main punishment and the supplementary punishment.

Legal basis: Articles 176 to 187 of Chapter VIII Civil Liability of the Civil Code of the People's Republic of China.

Criminal Law of the People's Republic of China, Chapter III: Criminal Punishment, Articles 32 to 37.

Legal analysis: According to the relevant laws and regulations of China, civil liability refers to the liability between natural persons, legal persons and unincorporated organizations between equal subjects for violating the obligations stipulated in civil legal norms or agreed by the parties.

The forms of civil liability: cessation of infringement, removal of obstacles, elimination of dangers, return of property, restitution, compensation for losses, payment of liquidated damages, elimination of impact, restoration of reputation, formal apology, etc.

Criminal liability refers to the legal liability arising from the perpetrator's violation of criminal legal norms. The form of undertaking is to accept criminal penalties according to the violent authorities.

Legal basis: Article 2 of the Civil Code of the People's Republic of China.

The Civil Code regulates the personal and property relations between natural persons, legal persons and unincorporated organizations that are equal subjects.

Article 176.

Civil entities are to perform civil obligations and bear civil liability in accordance with the provisions of law or in accordance with the agreement of the parties.

Article 179.

The main ways to bear civil liability are:

1) Cease the infringement; (2) Removing obstructions; (3) eliminate the danger; (4) Return of property; (5) restitution to the original state; (6) Repair, rework, or replacement; (7) Continued performance; (8) Compensate for losses; (9) Pay 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.

Chapter II of the Criminal Law of the People's Republic of China stipulates in detail the criminal responsibilities that should be borne by all ages, persons and acts.

Articles 14 to 17.

Civil legal liability: refers to the civil legal liability that a civil entity shall bear in accordance with the law for the legal consequences caused by its violation of a contract, failure to perform other civil obligations, infringement of state or collective property, infringement of the personal and property of others, and personal rights.

Criminal responsibility refers to the legal responsibility that the offender should bear for committing a criminal act, and his legal responsibility is pursued in accordance with the provisions of the criminal law, including the main punishment and the supplementary punishment.

[Legal basis].Article 33 of the Criminal Punishment Law.

The types of principal punishments are as follows:

a) control; 2) Short-term detention;

3) fixed-term imprisonment;

4) life imprisonment;

5) The death penalty. Article 34 of the Criminal Law provides for the types of supplementary punishments.

The types of supplementary penalties are as follows:

a) Fines; 2) Depriving Wu Kuanfu of his political rights;

3) Confiscation of property.

4) Supplementary penalties may also be applied independently.

Article 1,000 of the Civil Code came into force on January 1, 2021.

Where the perpetrator bears civil liability for the violation of personality rights, such as eliminating the impact, restoring reputation, or making a formal apology, it shall be commensurate with the specific method of the conduct and the scope of the impact caused.

Legal analysis: civil liability and staring: It is the responsibility that equal subjects should bear due to the violation of the obligations stipulated in the civil legal norms or agreed by the parties.

Form of commitment: cessation of infringement, removal of obstacles, elimination of dangers, return of property, restitution, compensation for losses, payment of liquidated damages, elimination of impact, restoration of reputation, formal apology, etc. Criminal Liability:

Legal liability arising from the perpetrator's conduct violating criminal legal norms. The form of liability is the acceptance of criminal penalties.

Legal basis: Article 1,000 of the Civil Code of the People's Republic of China: Where the perpetrator bears civil liability such as eliminating the impact, restoring reputation, or making a formal apology for infringing on personality rights, it shall be commensurate with the specific manner of the conduct and the scope of the impact caused. Where the actor refuses to bear the civil liability provided for in the preceding paragraph, the people's court may employ methods such as publishing a public announcement in newspapers, periodicals, the internet, or so forth, or publishing an effective judgment or a banquet, and the costs incurred are to be borne by the actor.