Ruling - refers to the decision made by the people's court on procedural issues or certain substantive issues in the process of hearing a case or executing a judgment. A kind of referee.
Rulings are intended to resolve procedural issues in litigation, and are mostly formal judgments and interlocutory judgments. For example, a ruling to postpone execution. A few are final referees and substantive referees. The former is a ruling to transfer a case, and the latter is a ruling to commute a sentence during execution. The decision to dismiss a private prosecution because the defendant's conduct did not constitute a crime is both final and substantive.
Depending on the nature of the case, there are civil rulings and criminal rulings.
A. According to the provisions of my country’s Civil Procedure Law, civil rulings mainly apply to the following scope: (1) Dismissal of prosecution. (2) Regarding litigation preservation and advance payment. (3) Grant or revocation. (4) Suspension or termination of litigation. (5) Correct errors in judgment. (6) Other matters that require adjudication and resolution.
b. According to the provisions of my country's Criminal Procedure Law, criminal rulings mainly apply to the following scope: (1) Dismissal of prosecution. (2) Dismiss the appeal or protest. (3) Revoke the original judgment and remand the case to the original People's Court for retrial; (4) Stop the execution of the death penalty. (5) The sentence should be commuted or paroled according to law. If the ruling must be written, a written ruling should be made; if the ruling is oral, it should be recorded in the transcript and executed when it becomes legally effective. The decision granting permission to appeal shall be noted in the ruling.
Judgment - is a decision made by the people's court on substantive issues at the end of the trial. A kind of referee. It is the embodiment of the court's exercise of judicial power.
Depending on the nature of the case, there are civil judgments and criminal judgments.
Civil judgments are intended to resolve disputes between the two parties regarding civil rights and obligations.
Criminal judgment is to determine whether the defendant has committed a crime, what kind of crime he has committed, whether he should be punished, how to be punished, and how to execute the punishment. From a procedural point of view, it is the end of the trial of the case, so it is the final judgment. From the content point of view, solving a case is a substantive matter, so it is a substantive judgment.
In addition, depending on the court's review, it can also be divided into first-instance judgment, second-instance judgment and retrial judgment. When a judgment is made, a written judgment must be prepared and delivered for execution after the judgment becomes legally effective.
There is a strict difference between a ruling and a judgment.
The nature of the problem solved is different: a judgment is a decision made by the people's court on the entity when hearing a case; a ruling is a decision made by the people's court on litigation or certain substantive issues during the process of hearing a case or executing a judgment. .
The scope of application is different: criminal judgment is to solve the problem of determining whether the defendant has committed a crime, what crime should be punished, how to punish it, and the execution method of the punishment; civil judgment is to solve the civil rights disputes between the two parties. and obligations.
The forms adopted vary: the judgment must be in writing; the award may be made in writing or orally. Examples include postponing trials and calling witnesses who did not appear in court. An oral ruling can be made by replacing the unqualified party, but the oral ruling must be recorded in the transcript.
The conditions and time for legal effect to take effect are different: the appeal and protest period for a criminal judgment is 10 days, and the appeal and protest period for a criminal ruling is 5 days. If there is no appeal or protest within this period, it will become legally effective after the expiration of the period. The judgment and ruling of the second instance court are final and cannot be appealed. The appeal period is 15 days for civil judgments and 10 days for civil rulings. Civil rulings mainly resolve procedural issues, especially because many of them are procedures directed by the People's Court. Therefore, appeals are not allowed and only reconsideration is allowed. It is the final ruling of the second instance court. It is also a ruling that does not allow appeal. Once the ruling is announced and served, it will take legal effect, such as transfer to jurisdiction, rescheduling or postponing the trial, suspending or ending the litigation, correcting the ruling with errors in the content of the judgment, etc. If the appeal is allowed, if the appeal is not filed within the appeal period, it will become legally effective upon expiration of the appeal period.
The application time is different: a ruling can be used in litigation or execution, and a case may have multiple rulings; the judgment is final, and each case can only have one judgment.
Also: "Judgment" should be "Judgment".