I often hear that so and so is criminally detained and administratively detained , what is the di

For netizens who often watch the news, they often see that ** will be administratively detained and fined when sweeping pornography, but in the TV series of anti-crime and evil, there will be a certain person who is criminally detained, so it can be seen that "criminal detention" and "administrative detention" are not the same concept, and the two are applicable to different situations, so, why is this so?

First of all, everyone's life behavior must be restricted by relevant laws and regulations, which can not only maintain the stability of social order, but also protect the property security of the whole society as a collective and individual. Generally speaking, in the social code of conduct, if a contract is required for a transaction, the requirements of the contract in the Civil Code must be complied with, and if a person violates the relevant laws and regulations, he or she will be punished accordingly, and the severity of the punishment is often referred to the harm it causes to the society.

Second, among all the laws and regulations, the criminal law is the most stringent, while the administrative regulations are the most extensive. Generally speaking, violations of laws and regulations will exist at any time, however, some violations of laws and regulations do not cause much harm to society, and some behaviors will damage a lot of interests, so the punishment measures for these acts are very different, causing great damage and violating the criminal law, you will receive a criminal punishment, and when you are detained, it is "criminal detention".

In social life, the most personal constraints are often from the first, after all, the need to maintain the order of life and production of the whole society, to ensure the stability of the whole society, at this time, it is necessary to promulgate relevant rules and regulations, and these rules and regulations are often said to be administrative regulations, after violating the administrative regulations, the need to detain, is "administrative detention", this kind of punishment belongs to the most serious administrative punishment.

On the one hand, to comply with the relevant rules and regulations is to use the rules of society to protect one's legitimate rights and interests, so as to avoid oneself being punished for violating the relevant rules and regulations, and to protect oneself when others violate them. On the other hand, abiding by the law and various administrative rules and regulations is conducive to building a country ruled by law, to the stability of the overall environment of the whole society, and to the building of a harmonious society.

In film and television dramas or in real life, we often hear that so-and-so was detained. So what exactly does this detention mean? There are two types of detention in the legal sense, namely criminal detention and administrative detention.

Although they are both detentions, there are significant differences between the two in various aspects.

First of all, the difference in nature between the two is that for criminal detention, the role is a measure to ensure criminal proceedings, and it is a practice to make the criminal case complete in the course of litigation after the parties have filed a lawsuit. The meaning of administrative detention is the literal meaning of detention, which refers to a kind of legal sanction and punishment for illegal acts.

Due to the difference in nature, the legal effect of the two is also different, the criminal detention is based on the relevant criminal procedural laws, and the administrative detention is based on the relevant laws and regulations of the administrative law. At the same time, the purpose of the two is also different: administrative detention is mainly for education, while the purpose of criminal detention is more focused on ensuring the smooth completion of criminal cases.

Secondly, the targets of criminal detention are different, and the targets of criminal detention are suspects who have committed crimes related to criminal law, or suspects who have committed serious crimes. On the other hand, administrative detention targets ordinary offenders, and offenders who have not violated the criminal law. At the same time, because of the different objects of application, the time of detention of the two types is also different, the detention period of criminal suspects is generally not more than 14 days, while the detention period of ordinary illegal acts is generally not more than 15 days.

Not only is the length of detention different, but there are also different regulations on whether relatives are allowed to visit, and relatives can visit ordinary offenders who are subject to administrative detention after the approval of relevant procedures and the consent of the public security organs. However, criminal detention is more stringent, and the relevant authorities do not allow relatives to visit relatives during detention, except in special circumstances, such as if the person concerned has serious physical problems.

Finally, criminal detention and administrative detention are not the same institutions. Whether a criminal suspect needs to be detained, such as detention and how long the detention will be, needs to be decided by the local procuratorate and the public security organ. However, the decision of whether and how long detention is required for ordinary violations is only up to the local public security authorities.

Moreover, depending on the nature of the violation, the requirements for whether the detention can be suspended are also different.

As far as administrative detention is concerned, if the illegal act is not a crime and the social harm is small, the person concerned can be suspended, but because the object of criminal detention is a guilty suspect and there may be greater social harm, the suspended execution of detention is not allowed. Of course, whether it is a violation of the criminal law or the general law, it is not right, and everyone should abide by the law, so that it is the most beneficial to themselves and society.

Criminal detention is more serious than administrative detention, and the nature of the two is completely different, administrative detention is considered a civil matter, while criminal detention indicates that the person is involved in a criminal case.

One is a punitive act and the other is a temporary act. To put it bluntly: administrative detention is a punishment for doing something wrong, and the detention is equivalent to the end of the punishment.

And criminal detention means that you will be arrested first and then said, and you will be dealt with later. It's the temporary detention that you're trying to figure out what to do, or that you've run away during the sentencing period.

The difference is that the nature of the two is completely different, because administrative detention is generally a violation of public security regulations, while criminal detention is involved in a criminal case.

Criminal detention is because XX is suspected of criminal activities and is subject to compulsory measures under the criminal law, while administrative detention is a short detention by an administrative organ for violating the administration of public security.

Administrative detention is a kind of administrative punishment imposed by the public security organs, which is generally a punishment method taken against the person concerned for violating the public security administration regulations; Criminal detention is a coercive measure to ensure the smooth conduct of criminal proceedings, and criminal detention is generally used in criminal cases.

Offences are administrative detention, and offences are criminal detention.

One is just a few days, and the other is from March to June.

Adhering to the principle of education! Warnings come first

Is there a criminal record for administrative detention?

The differences and implications between administrative detention and criminal detention are as follows:

1. The differences between administrative detention and criminal detention are as follows:

1. Criminal detention is a safeguard measure in criminal proceedings, a kind of litigation act, the purpose of which is to ensure the smooth progress of criminal proceedings, and is not punitive in itself; Administrative detention is a form of punishment for public security administration, which is essentially an administrative sanction whose purpose is to punish and educate people who have committed ordinary violations;

2. Criminal detention is applicable to current criminals or major suspects; Administrative detention is for those who have violated the general law.

3. The maximum period of criminal detention is 37 days; The maximum period of administrative detention is 20 days. Administrative detention has little impact on future life, and criminal detention may affect political trials.

Detention in criminal proceedings is a compulsory method of temporary deprivation of personal liberty adopted by the current offender or major suspect in the course of investigation in the course of investigation in the event of a statutory emergency, and it should be noted that criminal detention is a compulsory measure rather than a means of criminal punishment.

II. The impact of administrative detention and criminal detention is that administrative detention has little impact on future life, while criminal detention has a relatively large impact.

When the public security organs carry out detention, they must present a detention warrant and order the detainee to sign and fingerprint the detention warrant. If the detainee resists detention, the executive has the right to use coercive methods, including the use of restraints. After detention, the organ that made the decision on detention shall, within 24 hours, notify the detainee's family or his work unit of the reason for detention and the place of detention, except in circumstances where the investigation is obstructed or notification is not possible.

Article 91 of the Criminal Procedure Law of the People's Republic of China: Where a public security organ finds it necessary to arrest a person in custody, it shall request that the people's procuratorate review and approve it within 3 days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days. For major suspects who have committed crimes on the go, committed crimes multiple times, or committed crimes in groups, the time period for submitting them for review and approval may be extended to 30 days.

The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

Both administrative detention and criminal detention are carried out by the public security organs, but there are essential differences between the two: 1. Administrative detention is only a means of administrative punishment, while criminal detention is a compulsory measure, not a means of sanction; Wait a minute.

1.The basis for criminal detention is the Criminal Procedure Law of the People's Republic of China, and the basis for administrative detention is the Administrative Punishment Law. 2.

The nature is different. Criminal detention is a coercive measure to ensure the smooth execution of the proceedings. Administrative detention is a form of punishment in order to warn the perpetrator not to break the law again.

There is one more difference:

If it's administrative detention, you'll be fine after sitting for a few days. In case of criminal detention, the representative may be sentenced.

Administrative detention is a form of administrative punishment that applies to persons who have committed serious violations of the administration of public security, and does not exceed 20 days. Criminal detention, on the other hand, refers to the compulsory measures taken by the investigating authorities in the course of investigating a criminal case to deprive an active offender or a major suspect of his or her personal liberty, which is a compulsory measure in a criminal case, and the maximum period of detention is 37 days.

(1) The applicable objects are different. Criminal detention is a compulsory method adopted by the public security organs to temporarily restrict personal liberty of current criminals or major suspects in the course of investigation, while administrative detention is applicable to persons who generally violate the law.

2) The nature of the law is different. Criminal detention is not punitive, but only a temporary safeguard measure, and administrative detention is a punishment.

3) The purpose is different. The purpose of criminal detention is to ensure the smooth conduct of criminal proceedings, while administrative detention is to punish and educate persons who have generally violated the law.

4) The duration of detention is different. Ordinary criminal detention must not exceed 14 days, and the period of detention for major suspects who have committed crimes on the go, multiple crimes, or gangs must not exceed 37 days, while the maximum period of administrative detention is 15 days, and the maximum period of combined detention is not more than 20 days.

That's all there is to it.

Criminal detention is a criminal case and is a criminal offense. Administrative detention is a public security case and violates the Public Security Administration Punishment Law.

Administrative detention is the result of punishment and is generally not a big deal. Criminal detention is a criminal coercive measure. It's the process. It's a very serious mistake. The purpose of detention is different.

Their laws differ in nature, with criminal detention being a coercive measure, while administrative detention is a punishment for violating the administration of public order.

There is a world of difference between criminal detention and criminal detention, and criminal detention is a crime that must be sentenced.

It's up to anyone. Do it and cherish it.

What is the penalty for paying the fine, and whether there is a criminal record?