Is this criminal or civil? How to distinguish between civil and criminal

Criminal Attached Civil! Call the police and go to court to sue.

Legal Analysis: The differences between civil and criminal are as follows:

1. Different legal basis: civil disputes are based on civil laws such as the Civil Code; Criminal disputes are based on the Criminal Law, the Criminal Procedure Law, etc.;

2. The status of the parties: in civil disputes, the parties are in an equal position and belong to citizens, legal persons or other organizations; However, in criminal disputes, the public security organs are not on an equal footing with the victims and criminal suspects because the public security organs exercise investigative powers on behalf of the state in public prosecution cases, and the procuratorates exercise procuratorial powers and legal supervision powers on behalf of the state.

Legal basis: Article 169 of the Criminal Procedure Law of the People's Republic of China: All cases that require public prosecution shall be reviewed and decided by the people's procuratorate.

The most important thing is that the legal relationship is different, and the way to take responsibility is different.

Zongheng Legal Network He Xiangqian lawyer.

In layman's terms, the legal liabilities within the jurisdiction of the Civil Law (including the Company Law, the Marriage Law, the Inheritance Law, etc.) are called civil liabilities, such as the legal liabilities of civil debt disputes, divorces, etc.

The legal liability within the jurisdiction of the Criminal Law is called criminal liability, for example, the legal liability for intentional injury, theft, etc.

The prosecution of civil cases is a private prosecution, which is the saying "the people do not prosecute the officials". The parties can negotiate a settlement on their own without going through the courts, which is what people call "private".

The prosecution of criminal cases is generally a public prosecution, to paraphrase the above saying, "the people do not prosecute the officials". Regardless of the attitude of the parties, it is impossible to be "private".

Civil liability is the legal consequence of a civil subject's breach of civil obligations. Its basic characteristics are:

1) The breach of civil obligation is the premise for the occurrence of civil liability, so civil liability is inevitably related to the violation of civil obligations by civil subjects;

2) civil liability shall be borne by the perpetrator of the violation of civil obligations;

3) The subject of civil liability is only liable to the infringed party, so whether the civil liability is actually pursued is transferred by the will of the infringed party;

4) According to the provisions of the General Principles of the Civil Law of the People's Republic of China, there are ten ways to bear civil liability, such as stopping the infringement, returning the property, restoring the original state, and compensating for losses;

5) Civil liability is mainly confirmed by the state adjudication organ through civil litigation, and in the case that civil liability and criminal liability arise from the same fact of infringement, it can also be resolved through civil litigation attached to the criminal case.

Criminal liability is the punishment of a person who has already committed a crime. Its basic characteristics are:

1) Criminal conduct is a prerequisite for the occurrence of criminal responsibility, so criminal liability is inevitably related to the criminal behavior of the perpetrator;

2) criminal liability can only be borne by the offender;

3) Criminal responsibility directly reflects the state's negative evaluation (condemnation and condemnation) of the offender and his criminal acts, so the offender bears criminal responsibility for the state;

4) The most basic and main way to achieve criminal responsibility is to impose criminal punishment on the person who has already committed a crime; In addition, criminal liability can also be achieved by exempting them from criminal punishment and using non-penal punishment methods provided for in the criminal law;

5) The criminal responsibility borne by the offender can only be determined by the state judicial organ through criminal proceedings.

1. According to the purpose of litigation in the case of premature infiltration of land rock ridge: civil litigation resolves disputes over civil rights and obligations between equal subjects; Criminal proceedings address the question of whether and what crime the person suspected of committing the crime has actually committed and what punishment should be imposed. 2. According to the simplified Chinese of the main jujube filed in the case:

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 in which the private prosecutor initiates litigation, the people's procuratorate initiates public prosecutions.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them due to property and personal relationships.

1. The applicable law is differentCivil litigation corresponds to the civil law, criminal procedure corresponds to the criminal law, the laws and regulations cited are different, the corresponding punishment is also different, in general, the punishment of civil cases is much lower than the punishment of criminal cases;

2. The focus is differentCriminal responsibility is the legal responsibility that should be borne for violating criminal legal norms, and there are two categories: principal punishment and supplementary punishment. Civil liability is the legal responsibility that should be borne by equal subjects for violating civil legal norms.

To put it simply, civil liability is compensatory, while criminal liability is punitive. Civil liability is premised on the occurrence of damage, while criminal liability is punitive regardless of whether the injury is or not.

3. Different attitudesUnder normal circumstances, civil cases follow the principle of non-prosecution and non-dismissal, that is, only when a lawsuit is filed will it be accepted and handled; In criminal cases, the state organs take the initiative to intervene, and at this time, regardless of whether there is still an attached civil lawsuit, the investigation, litigation, judgment and other processes will be completed in accordance with the legal process. To put it simply, the civil plaintiff and the defendant can privately forgive and withdraw the lawsuit, while in criminal cases, regardless of whether the original plaintiff and defendant have privately forgiven, the state organ will continue to pursue their responsibility.

4. Different treatment methodsCivil liability involves marriage, contract, inheritance, etc., which mostly involve the economic field, and the main ways to bear civil liability are to stop infringement; removal of obstacles; eliminate hazards; return of property; Hark back to; repair, rework, replacement; compensation for damages; payment of liquidated damages; Eliminate the impact and restore the reputation; Apologies, etc. Criminal offenses involve mostly the trial of criminals, and there are mainly two major types of criminal punishments: principal punishments include controlled release, criminal detention, fixed-term imprisonment, life imprisonment, death penalty, etc., and additional punishments include fines, deprivation of political rights, confiscation of property, and so on.

[Legal basis].

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China

The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Article 3 of the Criminal Procedure Law of the People's Republic of China

The public security organs are responsible for the investigation, detention, execution of arrest, and preliminary trial of criminal cases. The people's procuratorate is responsible for the prosecution, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions. The people's courts are responsible for trials.

Except as specifically provided by law, no other organ, group or individual has the right to exercise these powers.

People's courts, people's procuratorates, and public security organs conducting criminal proceedings must strictly abide by the relevant provisions of this Law and other laws.

Civil Procedure Law of the People's Republic of China.

Criminal Procedure Law of the People's Republic of China.

The distinction between the two is very respectful.

The balance of civil legal relations involves the property and personal relations between equal civil subjects. In civil litigation, the principle of non-prosecution and non-ignorance is implemented, and the court does not take the initiative to interfere with the autonomy of will between the parties. The legal norms in the civil field mainly include civil law, contract law, marriage law, inheritance law, etc.

The Civil Procedure Code shall apply to the proceedings. Civil liability can be assumed in the following ways: cessation of infringement; removal of obstacles; eliminate hazards; return of property; Hark back to; repair, rework, replacement; compensation for damages; payment of liquidated damages; Eliminate the impact and restore the reputation; Apologies, etc.

Whereas, criminal legal relations involve criminal acts. However, criminal acts in the criminal field infringe on the social relations protected by China's laws, and the state public power organs will take the initiative to intervene. The substantive norms of criminal law are mainly criminal law, and the proceedings are based on the Code of Criminal Procedure.

Those who bear criminal responsibility shall be subject to criminal punishments, including fixed-term imprisonment and life imprisonment, the death penalty, public surveillance, criminal detention, fines, confiscation of property, etc.

Difference Between Civil and CriminalFirst,The premise of the two is differentThe premise of criminal liability is the criminal act, so the criminal responsibility is inevitably related to the criminal act of the perpetrator; The premise of civil liability is the breach of civil obligations, so civil liability has a necessary connection with the violation of civil obligations by civil subjects.

Second,The subjects of responsibility are differentCriminal responsibility can only be borne by the perpetrator to the State. Civil liability, on the other hand, is that the perpetrator of the violation of civil obligations bears responsibility to the victim rather than to the society or the state, so whether or not to actually pursue civil liability can be transferred by the will of the infringed victim, and the tortfeasor may be exempted from liability with the consent of the victim.

Third,The subjective aspect is differentThe establishment of criminal liability is generally based on the intention of the offender as the norm, and the establishment and size of criminal liability are affected by the state of the will of the act and the subjective malice of the perpetrator.