What is the difference between a criminal case and an administrative 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.

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.

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 against acts that have already violated the Penal Code and constitute a crime.

3. The legal basis for handling the case is different. Administrative management laws, administrative regulations, departmental rules, local regulations, and ** rules apply to administrative cases. In criminal cases, the criminal norms in the Criminal Law and separate laws shall 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.

Criminal cases refer to cases in which a criminal suspect or defendant is accused of violating the 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.

(1) Administrative punishments are aimed at citizens, legal persons, or other organizations that violate national laws and regulations, and have not yet constituted a crime, and shall bear administrative responsibility in accordance with law; The penalty is for an act that has already violated the Penal Code and constitutes a crime.

Acts of the same nature will be punished of different natures due to different degrees of egregiousness and different consequences.

2) The basis for the application of the penalty is different. The basis for administrative punishment is laws, administrative regulations, local regulations, administrative rules, etc.; The application of criminal penalties can only be based on the Criminal Law and the amendments to the Criminal Law made by the National People's Congress.

3) The organ imposing the punishment is different. The subject of the implementation of administrative punishments is the state administrative organs and other non-administrative organs authorized by laws and regulations. It is carried out in a much wider range of subjects than criminal punishments. The penalty can only be decided by the court and then referred to the executive authorities.

4) Different types of punishments. There are two types of punishments: principal punishment and supplementary punishment.

The main penalties include public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and the death penalty; Additional penalties include fines, deprivation of political rights and confiscation of property, in addition to expulsion for crimes committed by foreigners. The types of administrative penalties include warnings, fines, orders to suspend production and business, temporary withholding or revocation of permits, suspension or revocation of business licenses, confiscation of illegal property, confiscation of illegal gains, administrative detention, etc. Although there are also administrative punishments for the person, there is only one type, that is, administrative detention, and the upper limit of administrative detention is 15 days, which cannot be compared with criminal punishment in terms of severity.

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.

Criminal cases refer to cases in which a criminal suspect or defendant is suspected of committing a crime, and the state files a case for investigation, trial, and criminal punishment in order to pursue his criminal responsibility. Administrative cases refer to cases involving administrative disputes. Therefore, the difference between a criminal case and an administrative case is:

1. Criminal cases are handled by judicial organs, and administrative cases may be handled by judicial organs or administrative organs; 2. The criminal suspects and defendants in the criminal case are suspected of committing crimes, while the parties in the administrative case are not suspected of committing crimes, but are only ordinary illegal acts.

1. Can a civil dispute become a criminal case?

Whether a civil dispute can be turned into a criminal case should be decided according to the actual situation. If a civil dispute is not suspected of a criminal offense, then it will generally not be converted into a criminal case. Criminal cases refer to cases in which a criminal suspect or defendant is suspected of violating social relations protected by the criminal law, and the state files a case for investigation, trial, and criminal sanctions in order to pursue the criminal responsibility of the criminal suspect or defendant.

II. The difference between persons involved in the case and criminal suspects.

1. The suspect is suspicious of the case that needs to be tried, that is, he may have participated in this activity, but the person involved in the case can directly confirm that the person has participated in this activity. The suspect involved in the case and the suspect expressed the same general meaning. The former is widely applicable and can be used in administrative cases or criminal cases, while the latter can only be used in criminal cases.

2. Criminal suspect, also known as suspect, suspect, or suspect, refers to the designation of a person who has been criminally prosecuted for a suspected crime before the procuratorate initiates a public prosecution against him or her before the procuratorate initiates a public prosecution with the court. Unlike criminals, criminal suspects are innocent according to the principle of presumption of innocence, unless proven guilty at trial. Also known as a suspect, a criminal suspect.

refers to the object of investigation by the criminal investigation organ or the object of suspicion preliminarily determined by the investigation clues. A criminal suspect must be a specific person, and a person who has not yet been found and whose identity has not yet been identified cannot be called a criminal suspect. In criminal investigation practice, criminal suspects may be excluded from suspicion by alibi evidence and other scientific evidence.

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 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.

[Legal basis].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, 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 smooth progress of the cause of socialist construction is guaranteed.

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.