Does civil procedure make money or criminal law makes money?

Now I mainly use the yellow book of the Law Press!! The Redbook is great, but fewer and fewer people are using it!!

Civil Law, Second Edition, edited by Guo Mingrui; Civil Procedure Law, Third Edition, edited by Jiang Wei; "Criminal Law" (Amendment 8 has just come out, all criminal law books have to be revised, and the red-skinned ones may not come out, go to the bookstore and ask yourself!) ）；Criminal Procedure Law, Third Edition, edited by Chen Guangzhong;

1. Article 111 of the Civil Procedure Law: Where litigation participants or other persons commit any of the following acts, the people's court may impose a fine or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Fabricating or destroying important evidence, obstructing the people's court's trial of a case;

2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony;

3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen;

4) Insulting, defaming, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement;

5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties;

6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect.

People's courts may fine or detain units that exhibit any of the conduct provided for in the preceding paragraph; where a crime is constituted, criminal responsibility is pursued in accordance with law

2. Article 313 of the Criminal Law: (Crime of refusing to enforce a judgment or ruling) Where a judgment or ruling of a people's court is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given.

Legislative interpretation of Article 313 of the Criminal Code:

The 29th Session of the Standing Committee of the Ninth National People's Congress made the following legislative interpretation of this article: "Judgments and rulings of the people's courts" refer to judgments and rulings made by the people's courts in accordance with law that have enforcement content and have already taken legal effect. Rulings made by people's courts for the lawful enforcement of payment orders, effective mediation documents, arbitral awards, and notarized creditor's rights documents are rulings provided for in this article.

In addition, according to this interpretation, the phrase "having the ability to enforce but refusing to do so, and the circumstances are serious" in this article mainly refers to:

1) The person subject to enforcement conceals, transfers, or intentionally destroys property, or transfers property without compensation, or transfers property at an obviously unreasonable low price, making it impossible to enforce the judgment or ruling;

2) The guarantor or the person subject to enforcement conceals, transfers, intentionally destroys or transfers the property for which the guarantee has been provided to the people's court, making the judgment or ruling unenforceable;

3) After receiving the people's court's notice of assistance in enforcement, the person with the obligation to assist in enforcement refuses to assist in enforcement, making it impossible to enforce the judgment or ruling.

4) The person subject to enforcement, the guarantor, or the person with the obligation to assist in enforcement conspires with the staff of the state organ to use the authority of the staff of the state organ to obstruct the enforcement, making the judgment or ruling impossible to enforce, etc.

Civil litigation cases are all private prosecution cases, and there are no public prosecution cases.

Criminal prosecution cases are divided into private prosecution cases and public prosecution cases. Private prosecutions in criminal cases include:

Article 1 of the Supreme Court's Interpretation 1 of the Criminal Procedure Law: Private prosecution cases directly accepted by the people's courts include:

1) Cases that are handled only after being told:

Cases of insult or defamation (as provided for in article 246 of the Criminal Law, except where social order and national interests are seriously endangered);

Cases of violent interference with the freedom of marriage (as provided for in the first paragraph of Criminal Law article 257);

Cases of abuse (as provided for in the first paragraph of Criminal Law article 260);

Cases of embezzlement (as provided for in article 270 of the Criminal Law).

2) Minor criminal cases where the people's procuratorate has not initiated a public prosecution and the victim has evidence to prove it:

Cases of intentional injury (as provided for in the first paragraph of Criminal Law article 234);

Cases of illegal invasion of dwellings (as provided for in article 245 of the Criminal Law);

Cases of infringement of freedom of communication (as provided for in article 252 of the Criminal Law);

bigamy cases (as provided for in article 258 of the Criminal Law);

Cases of abandonment (as provided for in article 261 of the Criminal Law);

Cases of production or sale of counterfeit and shoddy goods (as provided for in Section 1 of Chapter 3 of the Specific Provisions of the Criminal Law, except where social order and national interests are seriously endangered);

Cases of infringement of intellectual property rights (as provided for in Section 7 of Chapter 3 of the Specific Provisions of the Criminal Law, except for those that seriously endanger social order and national interests);

Cases provided for in Chapters 4 and 5 of the Criminal Law that may give the defendant a sentence of up to three years imprisonment.

In cases provided for in this paragraph, where the victim directly files a lawsuit with the people's court, the people's court shall accept it in accordance with law. Where the evidence is insufficient and can be accepted by the public security organs, or where it is found that the defendant might be sentenced to three years imprisonment or more, the victim shall be informed to report the case to the public security organs, or transfer it to the public security organs for filing and investigation.

3) Cases where the victim has evidence showing that the defendant's conduct violating their own rights in person or property should be pursued for criminal responsibility in accordance with law, and there is evidence showing that an accusation was raised, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility.

Civil cases are based on the principle of non-prosecution and ignorance. Therefore, all civil cases are "private prosecutions".

The criminal law is divided into public prosecution and private prosecution, and it stands to reason that civil prosecution is a private prosecution, and it is ignored if it is not sued.

You can check the provisions of the Civil Procedure Law of our country.

I choose ab.

Private law, as opposed to public law, generally refers to laws that regulate private relations and protect private interests, such as civil law, commercial law, etc. It can also be understood as a private regulation.

Private law is a law that adjusts the equality of subjects and the setting of their rights and obligations to follow the principle of autonomy of will, which should include property law, obligatory law (contract law), family law, inheritance law, intellectual property law, commercial law and other departmental laws.

The following are private law: (a.)Contract Law bInheritance Law).

c.Penal Code dThe Code of Civil Procedure is "public law".

The main difference between public law and private law is that in terms of application, private law can be legally effective mainly through the will and behavior of the parties, while public law is implemented through the judicial activities of national judicial organs.

ab。Private law refers to those that do not involve public power, and criminal law is the prosecution of crimes by the state, and there is public power of the state. Procedural law is also typical public law, including the Code of Civil Procedure and the Code of Criminal Procedure.

Khan: Isn't it a legal quiz question?

Yes. 1. The lifting time is different.

Attached civil litigation shall be initiated after the criminal case is filed, before the first-instance judgment is announced, and civil litigation initiated after criminal litigation may be initiated as long as it is within the statute of limitations provided for in the Civil Procedure Law.

2. The scope of acceptance is different.

There is no restriction on the scope of independent civil litigation, and the acceptance of civil litigation attached to criminal cases is only limited to two aspects: first, the victim's personal rights suffer material losses due to the violation of the crime; The second is the material loss suffered by the victim's property as a result of the destruction by the criminals.

4. The trial organization is different.

When a civil lawsuit is filed separately, the court organizes an independent civil court to hear it, while a civil lawsuit attached to a criminal case is heard by the criminal court that hears the defendant's criminal liability, and there is no need to organize a separate collegial panel to hear it.

5. The applicable law is different.

Only the Civil Code and the Civil Procedure Law shall apply to the separate initiation of civil litigation, and the provisions of the Criminal Law and the Criminal Procedure Law shall apply to the provisions of the Criminal Law and the Criminal Procedure Law in addition to the Civil Law and the Civil Procedure Law.

6. The payment of litigation fees is different.

Litigation fees shall be paid in accordance with provisions for the initiation of a civil lawsuit after a criminal proceeding, but no litigation fee shall be required for a civil lawsuit attached to a criminal case.

1. The definitions are different.

Civil litigation: refers to litigation activities between citizens, legal persons, other organizations, and between them due to property and personal relations.

Civil litigation attached to criminal cases: refers to litigation activities in which the courts, in the course of hearing a criminal case, conduct a joint trial on the issue of compensation for the direct material losses caused by the criminal act on the basis of the application of the victim or the procuratorate.

2. The time of filing is different.

Civil actions may be instituted at any time provided for by law.

Civil litigation attached to a criminal case can only be brought in the course of criminal proceedings, and once a criminal proceeding activity is concluded, a civil lawsuit attached to a criminal case cannot be filed, but only a civil lawsuit can be initiated.

To put it simply, in an attached civil lawsuit, the plaintiff does not need to pay litigation fees, but the scope of the plaintiff's claims is limited, and a separate civil lawsuit requires the payment of litigation fees, but the scope of its claims is not limited.

1. The subject of the trial is different.

The criminal court for attached civil litigation shall hear the case directly, and the civil court shall hear the case for separate prosecution.

2. The trial time limit is different.

Incidental civil litigation is heard at the same time as criminal litigation, usually in March; For separate civil litigation, it takes six months for the ordinary procedure and three months for the summary procedure.

3.Scope of acceptance.

Incidental civil actions do not include moral damages and are limited to material damages; There is no restriction on a separate civil action.

4.Defendant's attitude.

In criminal proceedings, when a civil lawsuit is filed attached to a criminal case, the defendant may actively compensate the victim in order to obtain the victim's forgiveness.

This is because obtaining the victim's forgiveness and positive compensation can become, to a certain extent, an important circumstance for the other party to give a lenient sentence. However, once a civil lawsuit is filed after the judgment is made in the criminal part, the defendant's active compensation cannot be used as a condition for a lighter sentence, and in many cases, alas, it will not be actively compensated.

5.Litigation costs.

Incidental civil lawsuits do not require the payment of litigation costs.

6.Compensation Standards.

The scope of compensation for civil litigation attached to criminal cases is narrower. Including: Where the criminal act causes personal injury to the victim, compensation shall be made for reasonable expenses such as medical expenses, nursing expenses, and transportation expenses, as well as the loss of income due to lost work.

where the victim's disability is caused, compensation shall also be made for expenses such as the cost of living aids for the disabled; Where the victim's death is caused, compensation shall also be made for funeral expenses and other expenses.

If driving a motor vehicle causes a person or causes major damage to public or private property, constituting a crime, the liability for compensation shall be determined in accordance with the provisions of Article 76 of the Road Traffic Safety Law of the People's Republic of China.

The scope of compensation in civil litigation is a little broader:

The person obligated to compensate the victim for personal injury, all expenses incurred due to medical treatment** and the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.

There must be a difference, and it is generally more beneficial for the injured party to file an incidental civil action.

That's a no-no. Are the criminal defendants still absent? Who's judging that? Therefore, a defendant in a criminal case attached to a civil case cannot be sentenced in absentia.

A defendant in a criminal case attached to a civil case cannot be sentenced in absentia.

The criminal law is a substantive law, the procedural law is a procedural law, and the current law stipulates that the substantive law and the procedural law have the same status, but the criminal law is stricter in terms of content.

Criminal law is a law that stipulates crimes, criminal responsibility, and punishment, and is a general term for the legal norms of the ruling class that holds power in order to safeguard the political rule and economic interests of its own class, according to its own will, which acts are crimes, what kind of criminal responsibility should be borne, and what kind of criminal punishment should be given to the offender.

Procedural law refers to the general term of the law that prescribes the litigation procedure, and is the code of conduct that should be followed when fighting a lawsuit.

Criminal law is substantive law, and criminal procedure law is procedural law.

Criminal law refers to the law of crime, criminal responsibility and punishment, that is, the law on what acts are crimes, what responsibilities should be borne for crimes, and how to sentence and punish, which is the substantive law of criminal offenses.

The Criminal Procedure Law refers to the law on how to fight a lawsuit in a criminal case, and it is a procedural law. Similarly, the Code of Civil Procedure is a procedural law that regulates how civil cases are to be litigated.

Hello friends, just like what was said upstairs, criminal law is substantive law, criminal procedure law is procedural law, criminal procedure law is instrumental law, only criminal law without criminal procedure law then criminal law can not play a good role, in essence, the two laws are equally important, the same serious, interrelated law.

To put it simply, one is substantive law (criminal law) and the other is procedural law (criminal procedure law). It is not a serious or serious problem, the Criminal Procedure Law is equivalent to guiding the thorough implementation of the Criminal Law, and if the Criminal Law is water, the Criminal Procedure Law is the water pipe.