What are administrative cases and criminal cases

Hello:1Concept:

Administrative cases refer to administrative dispute cases in which citizens, legal persons, or other organizations believe that the administrative acts of a state administrative organ are illegal or improper, infringing upon their lawful rights and interests, and file a lawsuit in accordance with the procedures provided for in the Administrative Litigation Law, and the people's court will file and handle the case. Criminal cases refer to cases in which a criminal suspect or defendant is accused of violating social relations protected by the Criminal Law, and the state files a case for investigation, trial, and imposes criminal sanctions (such as fines, fixed-term imprisonment, death penalty, deprivation of political rights, etc.) in order to pursue the criminal responsibility of the criminal suspect or defendant. 2.

Conditions: According to the provisions of China's Administrative Litigation Law, citizens, legal persons or other organizations must meet four basic conditions to initiate an administrative lawsuit: (1) the plaintiff is a citizen, legal person or other organization that believes that a specific administrative act infringes upon its lawful rights and interests; (2) there is a clear defendant; (3) there is a specific claim and factual basis; (4) It is within the scope of the people's court's acceptance of the case and the jurisdiction of the people's court receiving the lawsuit.

The constitutive elements provided for in the Criminal Law (1) the element of the time of the crime (2) the element of the space of the crime (3) the element of the person related to the case (4) the elements of the conduct related to the case (5) the element of the relevant material element of the case I hope this question has been answered clearly for you. The Jurisprudence team will be happy to answer this question for you. If you don't know any questions, please ask.

Administrative cases refer to administrative dispute cases in which citizens, legal persons, or other organizations believe that the administrative acts of a state administrative organ are illegal or improper, infringing upon their lawful rights and interests, and file a lawsuit in accordance with the procedures provided for in the Administrative Litigation Law, and the people's court will file and handle the case.

Criminal cases refer to cases in which a criminal suspect or defendant is accused of violating social relations protected by the Criminal Law, and the state files a case for investigation, trial, and imposes criminal sanctions (such as fines, fixed-term imprisonment, death penalty, deprivation of political rights, etc.) in order to pursue the criminal responsibility of the criminal suspect or defendant.

Administrative cases are punishments given to counterparts who violate administrative management in accordance with the Administrative Punishment Law and the Administrative Coercion Law; On the other hand, a criminal case is a punishment of deprivation of certain rights given to the counterpart who has committed a criminal punishment according to the criminal law. The legal basis for an administrative case is not the same as a criminal case.

Administrative cases are illegal. Criminal cases are criminal.

Hello! The main differences between administrative cases and criminal cases are as follows! 1.

A criminal case is a violation of a social relationship protected by criminal law. An administrative case, on the other hand, refers to an illegal or improper administrative act of a state administrative organ. 2.

In criminal cases, criminal suspects should be investigated for criminal responsibility, and then the case should be filed for investigation and trial, and criminal penalties such as fines, fixed-term imprisonment, life imprisonment, and death sentences should be imposed. 3.In criminal cases, the parties are the public prosecution or private prosecutors, defendants, or victims.

In administrative cases, the plaintiff is a citizen or organization and the defendant is an administrative agency. In addition, the administrative authorities are not allowed to sue citizens or organizations.

The differences between administrative and criminal cases are as follows:

1. The definitions of administrative cases and criminal cases are different: criminal cases refer to the infringement of social relations protected by the criminal law. An administrative case, on the other hand, refers to an illegal or improper administrative act of a state administrative organ.

2. The reasons for the occurrence of administrative cases and criminal cases are different: administrative cases arise due to administrative management or violation of administrative laws and regulations; A criminal case arises for a violation of the criminal law;

3. The acts targeted and applicable objects of administrative cases and criminal cases are different: the administrative violations in administrative cases do not constitute a crime, and the criminal cases are aimed at criminal acts;

4. The subject of litigation in administrative cases and criminal cases is different: in criminal cases, the parties are the public prosecution or private prosecutors, defendants, and victims. In administrative cases, the plaintiff is a citizen or organization and the defendant is an administrative agency. In addition, the administrative authorities are not allowed to sue citizens or organizations.

5. The statute of limitations for administrative cases and criminal cases is different: the statute of limitations for criminal cases is the maximum period of sentencing for the specific crimes that may be involved in the criminal act, for example, it is possible to sentence 3-5 years, and the statute of limitations is 3 years, but if the Supreme People's Procuratorate deems it necessary to prosecute, the statute of limitations will be ignored, and after the issuance of a wanted warrant, the statute of limitations will not be calculated; The statute of limitations for administrative litigation is 6 months from the date on which knowledge or should have known.

Legal basisArticle 2 of the Administrative Litigation Law of the People's Republic of China.

"Administrative acts" as used in the preceding paragraph includes administrative acts taken by organizations authorized by laws, regulations, or rules.

The main differences between criminal cases and administrative cases are:1A criminal case is a violation of a social relationship protected by criminal law.

An administrative case, on the other hand, refers to an illegal or improper administrative act of a state administrative organ. 2.In criminal cases, criminal suspects should be investigated for criminal responsibility, and then the case should be filed for investigation and trial, and criminal penalties such as fines, fixed-term imprisonment, life imprisonment, and death sentences should be imposed.

Administrative cases, on the other hand, are prosecuted in accordance with the procedures stipulated in the Administrative Litigation Law, and the courts file cases to deal with administrative disputes and to confirm, revoke or modify administrative acts. 3.In criminal cases, the parties are the public prosecution or private prosecutors, defendants, or victims.

In administrative cases, the plaintiff is a citizen or organization and the defendant is an administrative agency. In addition, the administrative authorities are not allowed to sue citizens or organizations.

Article 2 of the Law on Administrative Litigation stipulates that citizens, legal persons, or other organizations that believe that the administrative acts of administrative organs and their staff infringe upon their legitimate rights and interests have the right to file a lawsuit with the people's courts in accordance with this Law. The term "administrative acts" as mentioned in the preceding paragraph includes administrative acts authorized by laws, regulations, and rules to be taken by organizations.

[Legal Analysis].1. The applicable law is different. The Civil Code of the People's Republic of China and the Civil Procedure Law of the People's Republic of China are mainly applicable to civil affairs; Administrative laws and regulations and the Administrative Litigation Law of the People's Republic of China are mainly applicable; The Criminal Law of the People's Republic of China and the Criminal Procedure Law of the People's Republic of China are mainly applicable to criminal cases.

2. 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 guilt of the accused or the accused, and the defendant does not bear the burden of proof, but may defend himself by presenting materials that his or her guilt is minor or innocent.

3. Criminal law mainly solves the problem of conviction and sentencing. The types of criminal penalties include five main punishments: public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and the death penalty, as well as three additional punishments: deprivation of political rights, fines and confiscation of property. Supplementary punishments may be applied separately or in combination with the principal punishment.

Civil liability includes contractual liability and tort liability. Contractual liability refers to the liability that the parties to the contract should bear if they fail to perform their contractual obligations or perform their contractual obligations in accordance with the agreement; Tort liability refers to the liability that a civil subject should bear for infringing on the personal rights and property rights of others. Administrative liability refers to the legal responsibility that an individual or unit should bear for violating the laws and regulations on administrative management.

Legal basisArticle 2: Citizens, legal persons, or other organizations that believe that the administrative acts of administrative organs and their staff infringe upon their lawful rights and interests have the right to file a lawsuit in the people's courts in accordance with this Law.

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 those who are not guilty of malpractice are not criminally prosecuted, 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, that citizens' rights in person, property, democracy and other rights are protected, and that the cause of socialist construction is carried out smoothly.

Civil Procedure Law of the People's Republic of China (Tuanzhou) Article 2 The tasks of the Civil Procedure Law of the People's Republic of China are to protect the parties in exercising their procedural rights, to ensure that the people's courts ascertain the facts, distinguish between right and wrong, to correctly apply the law, to hear civil cases in a timely manner, to confirm the relationship between civil rights and obligations, to sanction civil violations, to protect the lawful rights and interests of the parties, to educate citizens to consciously abide by the law, to maintain social and economic order, and to ensure the smooth progress of socialist construction.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.