Violations and crimes that are serious??

The difference between breaking the law and committing a crime is actually quite large, and the circumstances of the violation are generally relatively minor, but the punishment for the crime is the most severe, so the two are different, so what are the specific differences? Let's see what the lawyer has to say!

Breaking the law is to go to the detention center to detain, but the crime can go to prison, although you can't go to the army with a criminal record, you can do some things, if you have a criminal record, you can't do anything, and civil aviation pilots can't apply for the exam, unless you apply for a private jet.

There are often many people who think that breaking the law is a crime, but in fact, breaking the law and committing a crime are two different concepts, and the two are both related and different.

Violation of law refers to all acts that violate the constitution, laws, decrees, administrative regulations and administrative rules of the country, and its extension is extremely extensive. Crimes, on the other hand, must conform to the provisions of China's Criminal Law on crimes, and must have the following characteristics: First, crimes are acts that endanger society.

The harmfulness of behavior to society is the most essential characteristic of crime. Second, a crime is an act that violates the criminal law. In other words, an act that endangers society must also be an act under the Criminal Code in order to constitute a crime.

Thirdly, a crime must be an act punishable by criminal punishment, and only an act that endangers society is considered a crime if it is punishable by criminal punishment. The above-mentioned characteristics are indispensable conditions that must be present in the determination of any kind of crime. At the same time, the Criminal Law also stipulates that if the circumstances are obviously minor and the harm is not great, it is not considered a crime.

This shows that the circumstances of the act and the degree of harm to society are the boundaries that distinguish between violations of the law and crimes.

For example, an employee of a township enterprise pried open the warehouse door late at night and stole thousands of yuan of materials, and was sentenced by the court after the incident; When another employee was repairing the heating in the warehouse, he took advantage of the lack of people and stole nearly 100 yuan of the same material, but after the incident, he did not consider it a crime and only dealt with it as an illegal act. Although the acts of the two employees were both thefts, because the behavior of the former employee was harmful to society and the amount of theft was relatively large, it had already constituted a crime. The latter employee's behavior is less harmful to society, the amount of theft is not large, the circumstances are obviously minor, and it does not constitute a crime.

To sum up, it can be seen that breaking the law is not a crime, and the criminal act must be a crime, and the two are both related and different, and the fundamental difference lies in the different circumstances and degrees of social harmfulness of the act.

1. Which is more serious, the violation of the law or the crime

The difference between breaking the law and committing a crime is actually quite large, and the circumstances of the violation are generally relatively minor, but the punishment for the crime is the most severe, so the crime is more serious.

2. The difference between breaking the law and committing a crime

1. The size of social harm is different. Generally, the amount of harm to society is specifically measured in terms of the amount, scope, means, and consequences involved in the act. For example, the crime of theft distinguishes between illegal and criminal offenses according to the amount of money, the crime of violent interference with the freedom of marriage emphasizes the need to use violent means, and the crime of intentional injury generally results in the victim's injuries reaching more than minor injuries.

2. The types of laws violated are different. From an objective point of view, the act required to be committed by the perpetrator to constitute a crime violates the relevant provisions of the criminal law; Violation of the law is the violation of the "Public Security Administration Punishment Law" and other laws and regulations on administrative management.

3. The recognized organs are different. Whether a crime is constituted must be determined by the people's court through trial, and no other organ or individual has the right to decide whether another person has committed a crime. Whether it constitutes a violation of the law can be determined by all organs with administrative functions, such as public security, industry and commerce, taxation, etc.

4. The legal consequences are different. If found guilty of a crime, a criminal penalty may be imposed. Violations of the law are subject to administrative penalties.

3. Penalties for violations and crimes

1. The punishment enforcement organs are different, the punishment methods are different, and the procedures are different.

2. General violations are sanctioned by the administrative law enforcement department, and the degree is generally minor, and civil liability is borne for general violations, such as warnings, fines, administrative detention, etc.

3. Criminal acts, must be tried by the court to determine the guilty, the punishment enforcement organ has the court prison public security department, the procedure must be heavier, such as the main punishment has: criminal detention, surveillance, fixed-term imprisonment, guess Yingkai life imprisonment, death penalty: additional punishment has:

4. There will be no criminal record for general violations, that is, the criminal record, that is, only those who have violated the criminal law will be recorded, and the general violations, such as fighting, only violate the law of public security administration in our country, and may be subject to administrative punishment according to law, rather than criminal punishment, so there will be no criminal record.

The above is for you to introduce in detail the relevant content about which is serious about the violation and crime, the criminal act is more serious, because the violation generally refers to the illegal act with relatively minor circumstances and relatively small consequences, and the criminal act refers to the serious violation of the criminal law, and the most serious criminal punishment needs to be accepted.

General violations include administrative violations and civil violations, and serious violations are criminal violations. A crime is an act that is harmful to society, violates the criminal law and is punished according to law. Criminal acts should be severely cracked down on in accordance with the law; It is well established that criminal penalties should be imposed on criminals.

As for ordinary illegal acts, people tend to ignore them, always believing that the circumstances are relatively minor, the harm to society is not great, and there is no criminal punishment, so they do not have to bear legal responsibility. In fact, as long as it is an illegal act, it must bear its corresponding legal responsibility. Although the social harm is not great and the circumstances are slight, they also bring damage to the country and the people, so they should be punished accordingly

Civil violations are subject to civil liability, and administrative violations are subject to administrative sanctions. Moreover, if some ordinary illegal acts are not punished and punished in a timely manner, they may even develop into crimes, thus bringing greater harm to society.

Article 16 of the Criminal Procedure Law of the People's Republic of China provides that in any of the following circumstances, criminal responsibility is not pursued, and where it has already been pursued, the case shall be withdrawn, or not prosecuted, investigated, or terminated, or acquitted: (1) the circumstances are obviously minor and the harm is not great, and it is not considered a crime; (2) The statute of limitations for prosecution has already expired; (3) Exemption from criminal punishment by amnesty order; (4) Crimes that were handled in accordance with the Criminal Law, and there is no accusation or withdrawal of the accusation; (5) The criminal suspect or defendant is deceased; (6) Other laws provide for exemption from criminal responsibility.