What is the difference between breaking the law and committing a crime, and what is the difference b

Legal analysis: The degree of harm and punishment methods of violations and crimes are different, the circumstances of the violation are relatively minor, the harm to society is not great, and the civil liability is borne, the circumstances of the crime are relatively serious, and the harm to society is great, and the people's court should be sentenced to criminal punishment in accordance with law. Legal basis:

Article 3 of the Criminal Law of the People's Republic of China: Where the law expressly provides that it is a criminal act, it shall be convicted and sentenced in accordance with the law;Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

Breaking the law and committing a crime are two related but different concepts. Breaking the law means violating a law or regulation, while committing a crime means violating a criminal law.

In simple terms, a violation of the law is a violation of the law by a state, but it does not necessarily lead to criminal liability. For example, violations of traffic rules, violations of work discipline, etc., are all violations, but not all violations constitute crimes.

A crime, on the other hand, is an act that violates the provisions of the criminal law and is usually punishable by a sentence or punishment. For example, acts such as theft, intentional injury, robbery, etc., are all crimes.

In general, offences are a broader concept, and criminal behaviour is one of the more serious forms.

The difference between breaking the law and committing a crime is that Bi Zhengshi is quite a large number of ethnic attacks, and the circumstances of the illegal acts are generally relatively minor, but the punishment for the crime is the most severe, so Brother Zhao is different, so what are the specific differences?Let's see what the lawyer has to say!

1. The degree of harm to society is different. Violating the law, the circumstances are relatively minor, the harm to society is not great, there is no violation of the criminal law, but only the violation of laws and regulations other than the criminal law, and the crime has serious social harm, violates the criminal law, and should be punished by criminal punishment.

2. The method of punishment is different. Violations of the law, civil violations bear civil liability, administrative violations are subject to administrative sanctions, crimes, by the people's court in accordance with the law to impose criminal penalties.

1. What are the constitutive elements of the violation?

Generally speaking, an illegal act consists of the following four elements, and no violation can be called an illegal act without any of them:

1. It must be an act that violates the law.

2. The violation must be an act that infringes on the social relations protected by law to varying degrees.

3. Violations of the law generally require the intention or negligence of the perpetrator. In principle, it is only because of fault that it constitutes an illegal act. But if there is no fault and the law provides that legal responsibility should be borne, it should still be borne.

4. The offender must have the legal capacity for responsibility or legal capacity.

II. Constitutive Elements of Criminal Conduct.

1) Criminal subjects refer to persons who commit criminal acts. For every crime, there must be a criminal subject, some crimes are committed by one person, and the subject of the crime is one person, and some crimes are committed by several people, and the main body of the crime is several people. According to the provisions of the Criminal Law, where a company, enterprise, public institution, organ, or group commits a crime, it constitutes a crime committed by a unit, and therefore, a unit can also become the subject of a crime.

2) The subjective aspect refers to the psychological state that the criminal subject has about the criminal conduct they have committed and the results of it. There are two kinds of mental states in the subjective aspect of crime, namely intent and negligence. For example, if the offender commits the crime of theft, the offender wants to steal another person's property for himself;The crime of intentional injury is committed in the event that the offender wishes to cause bodily injury to another person.

Some crimes are negligent in nature, such as the crime of arson, in which the offender has a state of mind of negligence. In the case where a unit constitutes a crime, the person responsible for the criminal act of the unit also has a subjective state of mind.

3) The objective aspect refers to the specific manifestations of criminal conduct. For example, the crime of fraud is committed by selling slip manuscripts, the offender has the act of fabricating facts and deceiving others, and the crime of drug trafficking has the act of selling drugs, and so on.

4) The object of crime refers to the social relations protected by the criminal law that are violated by criminal conduct. The object of the crime is different from the object of the crime, the object of the crime is the object directly targeted by the criminal act, such as homicide and injury, the object of the crime is the specific victim, and the object of the crime refers to the social relationship that the personal rights of citizens protected by the criminal law are not illegally infringed.

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 and committing a crime are two different concepts, and they are both related and distinct. 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. The crime must comply with the provisions of the Criminal Law of our country on crime and must have the following characteristics:

First, crime is an act that endangers 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 shall not be 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.

Illegal: Violation of regulations. Building Code Violations.

Crime: An act that violates a provision of the Penal Code and is subject to criminal liability.