The same lawsuit can be a civil lawsuit and an administrative lawsuit

The main differences between the three different lawsuits are:

1) The purpose of the litigation is different.

Civil litigation is to resolve disputes over civil rights and obligations between equal subjects; What administrative litigation seeks to resolve is the legality and correctness of the specific administrative acts of state administrative organs; Criminal proceedings deal with the question of whether and what crime the person suspected of committing the crime has actually committed and what punishment should be imposed. 

2) The subject of the lawsuit is different.

In a civil lawsuit, both parties can file a lawsuit, and after the plaintiff sues, the defendant can counterclaim; An administrative lawsuit can only be filed by the counterpart of the administrative management, and the administrative organ is always in the position of a defendant and cannot make a counterclaim; In criminal proceedings, except for private prosecutions in which the private prosecutor initiates litigation, the people's procuratorate initiates public prosecutions. 

3) The burden of proof is different.

In civil litigation, whoever asserts rights is responsible for adducing evidence; In administrative litigation, only the defendant (administrative organ) bears the burden of proof;

In criminal proceedings, the public prosecutor has the burden of providing evidence of the defendant's guilt and proving it, and the defendant does not bear the burden of proof, but may defend himself by presenting materials that his guilt is minor or innocent. 

4) The applicable laws are different.

The General Principles of the Civil Law and the Civil Procedure Law are mainly applicable to civil litigation; Administrative litigation is mainly governed by administrative laws, regulations and the Administrative Litigation Law; Criminal proceedings are mainly governed by the Penal Code and the Code of Criminal Procedure.

According to article 18 of the Judicial Interpretation of the Administrative Litigation Law, where a people's court hears relevant civil disputes together in an administrative litigation, the civil dispute shall be filed separately and heard by the same trial organization.

Where cases of adjudication of civil disputes made by administrative organs are heard, and civil disputes are heard together, a separate case is not to be filed.

Article 19 stipulates that the people's courts shall apply the relevant provisions of civil law norms when hearing relevant civil disputes together, except as otherwise provided by law.

The disposition of civil rights and interests by the parties in mediation cannot be used as a basis for reviewing the legality of the administrative act being sued.

Administrative disputes and civil disputes shall be adjudicated separately. Where a party only appeals an administrative or civil judgment, the judgment that has not been appealed will take legal effect after the period for appeal is completed. The first-instance trial court shall transfer the entire case file to the second-instance trial court, and the administrative trial division will hear it.

Where the second-instance trial court discovers that an effective judgment that has not been appealed is truly in error, it shall retry it in accordance with the trial supervision procedures.

Legal analysis: 1. The purpose of litigation is different.

Civil litigation is to resolve disputes over civil rights and obligations between equal subjects;

Criminal proceedings deal with the question of whether and what crime the person suspected of committing the crime has actually committed and what punishment should be imposed.

2) The subject of the lawsuit is different.

In a civil lawsuit, both parties can file a lawsuit, and after the plaintiff sues, the defendant can counterclaim;

In criminal proceedings, except for private prosecutions, where the private prosecutor initiates a lawsuit, the people's procuratorate initiates a lawsuit.

3) The burden of proof is different.

In civil litigation, whoever asserts rights is responsible for adducing evidence;

In criminal proceedings, only the defendant (administrative organ) is responsible for presenting evidence, and the public prosecutor has the burden of providing evidence of the defendant's guilt and proving it, and the defendant does not bear the burden of proof, but may provide materials on his own guilt or innocence to defend himself.

4) The applicable laws are different.

The Civil Code and the Civil Procedure Law are mainly applicable to civil litigation;

Criminal proceedings are mainly governed by the Penal Code and the Code of Criminal Procedure.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 2 The tasks of the Criminal Procedure Law of the People's Republic of China are to ensure that the facts of crimes are accurately and promptly ascertained, that the law is correctly applied, that criminals are punished, that innocent persons are not prosecuted for their crimes, that citizens are educated to consciously abide by the law, that they actively struggle against criminal acts, that the socialist legal system is maintained, that human rights are respected and protected, and that citizens' personal, property, democratic and other rights are protected. We will ensure the smooth progress of socialist construction.

Administrative litigation and civil litigation may be conducted together, but if one of the cases is based on the outcome of the trial of another case and it is necessary to wait for the conclusion of the other case, they may not be conducted at the same time. In accordance with the relevant regulations, in administrative litigation involving administrative licensing, registration, expropriation, requisition, and rulings made by administrative organs on civil disputes, if the parties apply to resolve the relevant civil disputes together, the people's courts may hear them together. Administrative litigation refers to the activities of citizens, legal persons or other organizations that believe that the administrative acts of administrative organs infringe upon their legitimate rights and interests, and file a lawsuit with the people's court, and the people's court accepts, hears and makes a judgment in accordance with the law.

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 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.

1. The nature of the case is different.

Administrative litigation resolves the administrative dispute between the administrative entity and the administrative counterpart; Civil litigation is the settlement of civil disputes between equal subjects.

2. The subject of the lawsuit is different.

Administrative litigation is initiated by the administrative counterpart and interested parties, and the administrative entity does not have the right to sue or counterclaim; Both parties to a civil lawsuit have the right to file and have the right to counterclaim each other.

3. The burden of proof is different.

In administrative litigation, the defendant bears the burden of proof on whether the specific behavior of laughing at the old man is lawful; In civil litigation, "whoever asserts the claim shall bear the burden of proof".

Fourth, whether to use mediation or not is different.

Mediation is not applicable to administrative litigation except for administrative compensation litigation; Mediation is a fundamental principle in civil litigation.

5. ApplicabilityLegal basisDifferent.

Administrative litigation is based on the Administrative Substantive Law and the Administrative Procedure Law; Civil litigation is based on civil substantive laws such as the General Principles of the Civil Law and the Civil Procedure Law.

Article 60 of the Administrative Litigation Law of the People's Republic of China: People's courts hearing administrative cases do not apply mediation. However, cases of administrative compensation, compensation, and the exercise of discretionary powers provided by laws and regulations by administrative organs may be mediated.

No, this is a duplicate lawsuit or a code lawsuit. If it knew that a lawsuit had been filed, the court would not have accepted it; If the court does not know that it has been accepted, the latter will dismiss the complaint.

Legal basis: Criminal Law of the People's Republic of China Article 305 In criminal proceedings, witnesses, evaluators, recorders, or translators who intentionally make false testimony, evaluation, recording, or translation of circumstances that are important to the case, with the intention of framing others or concealing criminal evidence, shall be sentenced to up to three years imprisonment or short-term detention; where the circumstances are serious, the sentence is between three and seven years imprisonment.