The difference between a judgment and a ruling, and the difference between a judgment and an ruling

The differences between a judgment and an award are as follows:

First, the definitions are different. A judgment is a document written by a court based on a judgment. An award is a litigation document that deals with litigation proceedings and some substantive issues.

Second, the quantity is different. There can be only one judgement in a case, but there can be several decisions. The verdict is the final verdict of the case, but there are also cases that are concluded by a ruling.

Third, the problems solved are different. A judgment only resolves the substantive issues of the case, whereas a ruling resolves both substantive and procedural issues.

Fourth, the form of issuance is different. The judgment must be issued in writing, while the ruling can be issued orally.

Fifth, the time limit for appeals is different. Appeals against judgments and rulings can be appealed, and the time limit for appeal is 15 days. Except for some of the awards, which are subject to appeal, they are not subject to appeal, and the time limit for appeal is 10 days.

[Legal Analysis].: A ruling is not a judgment, and there is a big difference between a ruling and a judgment. According to the provisions of the relevant law, in a case, only one judgment can take legal effect and be enforced, while there may be several rulings that take legal effect.

In addition, the time limit for appeals and counter-appeals is different. The time limit for appeals and prosecutorial counter-appeals against first-instance criminal judgments is 10 days, and the time limit for appeals and prosecutorial counter-appeals against first-instance judgments is 5 days. In addition, there are differences between the scope of application of the ruling and the judgment, and the scope of application of the ruling includes inadmissibility; There is an objection to jurisdiction; dismissal of the indictment; Preservation and Advance Enforcement; Procedural issues such as granting or not permitting the withdrawal of the lawsuit, while the judgment resolves the substantive issue of the relationship of civil rights and obligations between the parties.

Therefore, the ruling is not a judgment.

[Legal basis].Article 154 of the Civil Procedure Law of the People's Republic of China? The ruling applies to the following areas:

a) Inadmissibility;

b) There is an objection to jurisdiction;

(iii) dismissal of the prosecution;

iv) Preservation and Advance Enforcement;

5) Permit or disallow the withdrawal of the lawsuit;

6) Suspend or terminate the proceedings;

7) Correction of clerical errors in the judgment;

8) Suspension or termination of enforcement;

(9) Revocation or non-enforcement of the arbitral award;

10) Refusal to execute the creditor's rights document to which the notary public has given the effect of enforcement;

11) Other matters that need to be resolved by adjudication. Rulings in items 1 through 3 of the preceding paragraph may be appealed.

The ruling document shall clearly state the outcome of the ruling and the reasons for making the ruling. The written ruling is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed. Where an oral ruling is made, it is to be recorded in the record.

Article 164? Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

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.

Legal Analysis:1The nature of the problem solved is different.

civil rulings resolve issues relating to litigation proceedings; The civil judgment resolves the civil rights and disputes between the parties, that is, the substantive issues. 2.The content and format are different.

The content of a civil ruling is relatively simple, and generally does not require a specific description of the facts of the case, nor does it require a distinction between facts and reasons in terms of format; The content of civil judgments is relatively complex, and generally requires a comprehensive and separate description of the facts and reasons of the case, and in terms of format, it is also required to write the facts and reasons separately. 3.The provisions on appeals are different.

Except where the law expressly provides that the parties are allowed to appeal, civil rulings are generally not allowed to appeal, and once the ruling is served, it will take legal effect and be empty; Except where the law expressly provides for the final trial of the first instance, appeals are generally permitted, and within the appeal period, although the civil judgment has been served, it has not yet taken legal effect.

Legal basis: Article 140 of the Civil Procedure Law of the People's Republic of China applies to the following scope: (1) inadmissibility; b) There is an objection to jurisdiction; (iii) dismissal of the prosecution; (4) Property preservation and prior enforcement; 5) Permit or disallow the withdrawal of the lawsuit; 6) Suspend or terminate the proceedings; 7) Correction of clerical errors in the judgment; 8) Suspension or termination of enforcement; (9) refusal to enforce the arbitral award; 10) Refusal to execute the creditor's rights document to which the notary public has given the effect of enforcement; (11) Other matters that need to be resolved by ruling.

Rulings in items (1), (2), and (3) of the preceding paragraph may be appealed, and the written ruling is to be signed by the adjudicators or clerks, affixed with the seal of the people's court, and where the ruling is made orally, it is to be recorded in the record.

Legal Analysis: 1. The matters to which the rules are applicable are different. Ruling to resolve procedural issues in the course of litigation, and adjudicating to resolve the rights and obligations of the two parties in dispute; 2. The basis for making it is different.

The ruling is based on the Civil Procedure Law, and the judgment is based on the substantive law; 3. The ruling may be in written form or oral form, but the judgment must be in written form.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 164 Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to file an appeal with the people's court at the next higher level within 15 days from the date on which the judgment is served, and the appeal period is 15 days, so the effective time of the first-instance judgment is after the appeal period has passed, that is, 15 days after the judgment has passed.

Legal Analysis: There are the following differences between a judgment and an award:

1. A judgment is to resolve the substantive issues of the case and make conclusions and decisions on the case, while a ruling is mainly to resolve procedural issues.

2. In a case, there is only one judgment that takes legal effect and is enforced, while there can be several judgments.

3. The judgment must be expressed in writing, and the ruling may be in both written and oral form.

Legal basis: Article 152 of the Civil Procedure Law of the People's Republic of China: The judgment shall clearly state the outcome of the judgment and the reasons for making the judgment. The judgment reads:

1) The cause of action, litigation claims, and facts and reasons for the dispute;

2) The facts and reasons ascertained in the judgment, and the applicable laws and reasons;

3) the burden of the judgment and the costs of the lawsuit;

d) the period of appeal and the court of appeal.

The judgment is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed.

The differences between a judgment and an award are:

1. The judgment solves substantive issues, while the ruling mainly solves procedural issues;

2. The appeal period is different, the appeal period for civil judgments is 15 days, and the appeal period for civil rulings is 10 days;

3. There may be more than one effective ruling in a case, but only one effective judgment can be made;

4. The judgment can only be in written form, while the ruling can be written or oral.

[Legal basis].Article 154 of the Civil Procedure Law.

The ruling applies to the following areas:

a) Inadmissibility;

b) There is an objection to jurisdiction;

(iii) dismissal of the prosecution;

iv) Preservation and Advance Enforcement;

5) Permit or disallow the withdrawal of the lawsuit;

6) Suspend or terminate the proceedings;

7) Correction of clerical errors in the judgment;

8) Suspension or termination of enforcement;

(9) Revocation or non-enforcement of the arbitral award;

10) Refusal to execute the creditor's rights document to which the notary public has given the effect of enforcement;

11) Other matters that need to be resolved by adjudication.

Rulings in items 1 through 3 of the preceding paragraph may be appealed.

The ruling document shall clearly state the outcome of the ruling and the reasons for making the ruling. The written ruling is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed. Where an oral ruling is made, it is to be recorded in the record.

A civil judgment is a written form of a civil judgment made by a people's court in accordance with the law in exercising its adjudication power on behalf of the state, on a dispute over the rights and obligations of the parties to a civil entity, or on the confirmation of facts of legal significance.

A civil ruling is a decision made by a people's court on procedural issues arising in order to ensure the smooth progress of trial work in the course of hearing a civil case or enforcing a civil case. The written form of a civil ruling is a civil ruling.

Although civil rulings and civil judgments are both decisions made by the people's courts in the course of civil litigation and have legal effect, they are not the same

1. The applicable matters are different. The ruling addresses procedural issues in the litigation process, with the aim of enabling the People's Court to effectively direct the litigation, remove obstacles in the litigation, and advance the litigation process. The judgment resolves the rights and obligations disputed by the parties, i.e., the substantive legal relationship, with the aim of resolving civil rights and interests disputes and resolving disputes between the parties.

2. The basis for making it is different. The facts on which the ruling is based are procedural facts and the law on which it is based is the Code of Civil Procedure, which may be made at any stage of the proceedings. The facts on which the judgment is based are the facts of the occurrence, alteration and termination of the civil legal relationship as determined by the people's court, and the law on which it is based is the substantive laws such as the civil law, the marriage law, the inheritance law, and the economic law, and the judgment can only be made at the final stage of the trial of the case.

3. The form, scope of appeal, appeal period and legal effect are different, and the ruling may be in oral form or written form, while the judgment must be in written form. In accordance with the provisions of the Civil Procedure Law, the parties are allowed to appeal within 10 days after the ruling, and other rulings take effect immediately once they are made; However, the scope of the judgment allowing appeal is relatively broad, and the first-instance judgment rendered by the local people's court at all levels allows the appeal within 15 days after the judgment is rendered. The effect of the ruling may be changed accordingly, for example, in the case of a ruling on the suspension of litigation, after the reasons for the suspension of the litigation have been eliminated, a new ruling should be made by Qiankai to resume the proceedings; The effect of the judgment extends to the entity and cannot be changed except through legal procedures.

Legal Analysis: There are four main differences between a stupid judgment and a ruling.

1. The judgment is to resolve the substantive issues of the case and make the conclusion and decision of the case; For example, if a people's court makes a ruling rejecting a private prosecution, revoking the original judgment, or remanding the case to the original people's court for a new trial, the ruling is applied to resolve procedural issues.

2 In a case, there is only one judgment that takes legal effect and is enforced, and there can be many rulings that have legal effect.

3 Judgments must be expressed in writing, and decisions can be made in both written and oral form.

4 The time limit for appealing judgments and rulings is different. For appeals against first-instance civil and administrative judgments, the time limit for protests is 15 days; For appeals against first-instance civil and administrative rulings, the time limit for protesting is 10 days; For appeals against first-instance criminal judgments, the time limit for protesting is 10 days; The time limit for appealing against a first-instance criminal ruling is 5 days.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 170:The second-instance people's court shall, after trial, handle appeal cases in accordance with the following circumstances: (1) Where the facts ascertained in the original judgment or ruling are clear and the law is correctly applied, the appeal is rejected by way of judgment or ruling and the original judgment or ruling is upheld; (2) Where the original judgment or ruling was erroneously ascertained in fact or the law was applied incorrectly, the judgment or ruling is to be changed, revoked, or modified in accordance with law; (3) Where the basic facts found in the original judgment are unclear, rule to revoke the original judgment and remand to the original people's court for new trial, or change the judgment after clarifying the facts; (4) Where the original judgment omits parties or makes an unlawful default judgment or seriously violates legally-prescribed procedures, a ruling is made to revoke the original judgment and remand to the original people's court for retrial.

Where after the original people's court makes a judgment in a case remanded for new trial, and the parties raise an appeal, the second-instance trial court must not remand for new trial again.

1. The matters applicable to the two are different.

1) The judgment resolves the rights and obligations disputed by the parties, that is, the substantive legal relationship and some procedural issues;

2) The ruling addresses procedural issues in the course of litigation, such as the parties' application for recusal, application for jurisdictional objection, application for property preservation, and other procedural matters.

2. The basis for the two is different.

1) The law on which the judgment is based is substantive law, such as civil law, marriage law, inheritance law, economic law, etc.;

2) The law on which the ruling is based is the Code of Civil Procedure.

3. The forms of the two are different.

1) The judgment must be in writing.

2) The ruling can be in written form or oral form, and I believe that everyone has also encountered the situation of oral notice from the judge in the process of litigation, which is also legal.

4. The time limit for appeal is different.

1) Verdict.

The appeal period for civil judgments of first instance is 15 days.

For the administrative judgment of first instance, the appeal period is 15 days.

Criminal first-instance verdict.

The appeal period is 10 days.

2) The date of appeal against the ruling is 10 days, and only the ruling that is inadmissible, objectionable to jurisdiction, and dismissal of the lawsuit can be appealed; Other rulings shall take legal effect as soon as they are made.

Article 164 of the Civil Procedure Law of the People's Republic of China: Where a party is dissatisfied with the first-instance judgment of a local people's court, he has the right to appeal to the people's court at the next higher level within 15 days from the date on which the judgment is served.

Where a party is dissatisfied with the first-instance ruling of a local people's court, it has the right to appeal to the people's court at the level above within 10 days from the date of delivery of the ruling.

Criminal Procedure Law of the People's Republic of China, the time limit for appeal is the time limit for a party to file an appeal.

Time limit for appeals in criminal proceedings: 10 days for appeals against judgment; The time limit for appealing against the decision is 5 days.

Time limit for appeals in civil and administrative proceedings: 15 days for appeals against judgments; The time limit for appealing against the decision is 10 days.