Is delinquency and crime the same concept?

Breaking the law and committing a crime are two different concepts, and they are both related and distinct.

Violation of law refers to all acts that violate the constitution, laws, decrees, administrative regulations and administrative rules of the country, and its extension is extremely extensive. Crimes, on the other hand, must comply with the provisions of the Criminal Law of our country on crimes, and only acts that endanger society that should be punished by criminal punishment are considered crimes. The circumstances of the act and the degree of harm to society are the boundaries that distinguish between violations of the law and crimes.

For example, an employee of a township enterprise pried open the warehouse door late at night and stole thousands of yuan of materials, and was sentenced by the court after the incident; When another employee was repairing the heating in the warehouse, he took advantage of the lack of people and stole nearly 100 yuan of the same material, but after the incident, he did not consider it a crime and only dealt with it as an illegal act. Although the acts of the two employees were both thefts, because the behavior of the former employee was harmful to society and the amount of theft was relatively large, it had already constituted a crime. The latter employee's behavior is less harmful to society, the amount of theft is not large, the circumstances are obviously minor, and it does not constitute a crime.

To sum up, it can be seen that breaking the law is not a crime, and the criminal act must be a crime, and the two are both related and different, and the fundamental difference lies in the different circumstances and degrees of social harmfulness of the act.

Of course, it is not a concept Crime refers to an illegal act that must bear criminal responsibility (and may also be accompanied by civil or administrative liability), and in a narrow sense, it refers to an act that violates the express provisions of China's criminal law. Committing a crime is a general offense and will only be subject to civil or administrative liability.

No. A crime is an act that meets the constitutive elements of the criminal law and requires the use of criminal means to be sanctioned, and the harm is relatively serious. Offenses generally refer to violations of mandatory provisions in various laws and regulations, and the scope is relatively large, but not necessarily all crimes.

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 stipulates that it is an act of criminal delay, 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. The degree of harm to society is different. Violating the law, the circumstances are relatively minor, the harm to society is not great, there is no violation of the criminal law, but only the violation of laws and regulations other than the law of high reputation, and the crime, with serious social harm, violates the criminal law, and should be punished.

2. The method of punishment is different. Illegal, civil violations of the law with the paragraph of civil liability for violations, administrative violations are subject to administrative sanctions; and for crimes, the people's courts shall impose criminal penalties in accordance with law.

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

Article 3: Where the law clearly provides that it is a crime, it is to be convicted and sentenced in accordance with law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

Article 4: All persons who commit crimes are equal in the application of the law. No one is allowed to have privileges beyond the law.

Analysis of the law of law infiltration: the degree of harm and punishment methods of violations and crimes are different, the circumstances of the violation are relatively minor, the social harm is not great, and the civil liability is borne, the circumstances of the crime are relatively serious, and the social harm 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 expressly provides that it is a criminal act, 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.