What is the difference between a criminal case and a criminal 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 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 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. For example, cases arising from administrative acts that infringe on the legitimate rights and interests of citizens, legal persons or other organizations such as demolition and urban management law enforcement.

The difference between the two: 1. From the perspective of the subject of litigation, criminal litigation is "official suing the people", and administrative litigation is "civil suing officials". However, there are exceptions, in private prosecution cases in the criminal law system, where the plaintiff is also a citizen or legal person; Abstract administrative acts of administrative litigation are not actionable and cannot be brought in administrative litigation.

2. From the perspective of the statute of limitations, the statute of limitations in a criminal case 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 is ignored, and after the issuance of a wanted warrant, the statute of limitations is not calculated; The statute of limitations for administrative litigation is 6 months from the date on which knowledge or should have known.

The difference between a criminal case and an administrative case is the different laws that apply.

Criminal cases are generally subject to criminal liability, and administrative cases are generally subject to administrative liability.

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 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 are mainly between people, and when compensation is made, it is also between people. Administrative cases are mainly a kind of infringement on the management system, and it is a kind of punishment imposed by the relevant administrative departments on the people involved, mainly in the case of officials punishing officials and officials punishing people. Hope that helps.

There are six differences between criminal and administrative cases, which are:

1. The reasons for the case are different. Administrative cases arise due to administrative management or violations of administrative laws and regulations; Criminal cases arise for violations of criminal law.

2. The targeted behaviors and applicable objects are different. Administrative CasesAdministrative violations: Acts that do not constitute a crime. Criminal cases, on the other hand, are aimed at acts that have already violated the law and constitute a crime.

3. Handling of the caseLegal basisDifferent. Administrative cases, administrative regulations, departmental rules, local regulations, and ** rules shall be applied to administrative management laws. In criminal cases, the criminal norms in the Criminal Law of the People's Republic of China and separate laws apply.

4. The trial procedures of the case are different. The trial of administrative cases is based on the Administrative Litigation Law and judicial interpretations; Criminal cases are tried on the basis of the Criminal Procedure Law and corresponding judicial interpretations.

5. The parties to the case are different. The litigants in administrative cases include plaintiffs, defendants, and third parties; Parties to a criminal case include the defendant, the investigating organ, the public prosecutor of the organ reviewing and prosecuting, and the victim.

6. The court in which the case is handled is different. Administrative cases are handled by the Administrative Division, and criminal cases are handled by the Criminal Court.

Legal basisArticle 2 of the Criminal Procedure Law of the People's Republic of China.

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, the law is correctly applied, criminals are punished, the innocent are not criminally prosecuted, citizens are educated to consciously abide by the law, actively struggle against criminal acts, the socialist legal system is safeguarded, human rights are respected and protected, citizens' personal rights, property rights, democratic rights, and other rights are protected, and the cause of socialist construction is carried out smoothly.

Article 3. The principle of authority strictly abides by the principle of legal procedure] 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 must strictly abide by the relevant provisions of this Law and other laws in conducting criminal proceedings.

Legal Analysis: The difference between administrative cases and criminal cases: 1. The reasons for the cases are different.

Administrative cases arise due to administrative management or violations of administrative laws and regulations; Criminal cases arise for violations of criminal law. 2. The targeted behaviors and applicable objects are different. Administrative cases where administrative violations do not constitute criminal acts, and criminal cases are aimed at criminal acts.

Legal basis: "Administrative Litigation Law of the People's Republic of China" Article 25: The counterpart of an administrative act, as well as other citizens, legal persons, or other organizations that have an interest in the administrative act, have the right to initiate litigation. In the event of the death of a citizen who has the right to file a lawsuit, his close relatives may file a lawsuit.

A legal person or other organization that has the right to initiate litigation is terminated, and a legal person or other organization that inherits the accusation of violating its rights may initiate a lawsuit. Where, in the course of performing their duties, the people's procuratorate discovers that an administrative organ with oversight and management duties in areas such as the protection of the ecological environment and resources, food and drug safety, the protection of state-owned property, and the transfer of state-owned land use rights has illegally exercised its authority or failed to act, causing the national interest or the societal public interest to be infringed upon, it shall submit a procuratorial recommendation to the administrative organ and urge it to perform its duties in accordance with law. Where administrative organs do not perform their duties in accordance with law, the people's procuratorate shall initiate litigation in the people's courts in accordance with law.

Differences between the two: 1. From the perspective of the subject of litigation, criminal litigation refers to the activities of the people's courts, people's procuratorates, and public security organs, with the participation of the parties and other litigation participants, and in accordance with the procedures prescribed by law, to resolve the issue of the criminal responsibility of the person being prosecuted. However, there are exceptions, in private prosecution cases in the criminal law system, where the plaintiff is also a citizen or legal person; Abstract administrative acts of administrative litigation are not actionable and cannot be brought in administrative litigation.

2. From the perspective of the statute of limitations, the statute of limitations in a criminal case 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 is ignored, and after the issuance of a wanted warrant, the statute of limitations is not calculated; The statute of limitations for an administrative lawsuit is 6 months from the date on which the seepage was diverted or should have been known. 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 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 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.

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

There are many differences between criminal cases and administrative cases, criminal cases are aimed at cases of criminal conduct, while administrative cases are aimed at citizens, legal persons or other organizations and organizations that violate national laws and regulations and have not yet constituted a crime and should bear administrative responsibility in accordance with the law. Criminal cases can only be based on the Criminal Law, while administrative cases can be based on laws, administrative regulations, and local regulations.

Article 2 of the Criminal Procedure Law of the People's Republic of China.

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 people are criminally prosecuted, that citizens are educated to consciously abide by the law, that they actively fight against criminal acts, that the socialist legal system is safeguarded, that human rights are respected and protected, that citizens' personal rights, property rights, democratic rights, and other rights are protected, and that the cause of socialist construction is carried out smoothly.

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

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 initiate litigation in the people's courts in accordance with this Law. "Administrative acts" as used in the preceding paragraph includes administrative acts taken by organizations authorized by laws, regulations, or rules.