The legal liability within the jurisdiction of criminal law is called criminal liability, for example, the legal liability for murder, intentional injury and theft.
The prosecution of civil cases is private prosecution, that is, as the saying goes, "people don't raise officials and don't investigate." The parties can solve the dispute through consultation without going through the court, which is what people call "reconciliation".
The prosecution of criminal cases is generally public prosecution. To paraphrase the old saying above, it is "people don't raise officials and don't investigate." No matter what attitude the parties have, it is impossible to "reconcile".
As a civil subject, civil liability should bear the legal consequences of violating civil obligations. Its basic characteristics are:
(1) violation of civil obligations is the premise of civil liability, so civil liability is inevitably related to the violation of civil obligations by civil subjects;
(2) Civil liability shall be borne by the actor who violates civil obligations;
(3) The subject of civil liability is only responsible for the infringed, so whether to actually pursue civil liability depends on the will of the infringed;
(4) According to the General Principles of the Civil Law of People's Republic of China (PRC) and the General Principles of the Civil Law of People's Republic of China (PRC), there are ten ways to bear civil liability, such as stopping the infringement, returning the property, restoring the original state, and compensating for the losses;
(5) Civil liability is mainly confirmed by national judicial organs through civil litigation. In the case that both civil liability and criminal liability originate from the same tort fact, it can also be solved through criminal incidental civil action.
Criminal responsibility is to punish those who have already constituted a crime. Its basic characteristics are:
(1) Criminal behavior is the premise of criminal responsibility, so there is an inevitable connection between criminal responsibility and the criminal behavior of the perpetrator;
(2) Criminal responsibility can only be borne by criminals;
(3) Criminal responsibility directly reflects the negative evaluation (condemnation and censure) of criminals and their criminal acts by the state, so criminals bear criminal responsibility to the state;
(4) The most basic and main way to realize criminal responsibility is to punish the person who has constituted a crime; In addition, criminal responsibility can be realized by exempting criminal punishment and using non-criminal punishment methods stipulated in criminal law;
(5) The criminal responsibility of the offender can only be determined by the national judicial organs through criminal proceedings.
What's the difference between civil and criminal? First, civil adjustment is the property relationship and personal relationship between equal subjects. Civil legal relationship is the relationship between equal subjects, which is generally established voluntarily. Generally speaking, the subjects of both parties in civil activities are generally natural persons, legal persons and other organizations, and the relationship between the two parties arising from civil law is a civil legal relationship.
The second is the relationship between the state and citizens (including some legal persons) adjusted by criminal law. In criminal legal relations, the main body is the country represented by public security organs, procuratorial organs and courts, and the other side is citizens who have violated the criminal law and thus participated in criminal proceedings. In other words, criminal law solves the special rights and obligations between the state and criminals.
What's the difference between civil and criminal? Civil matters are related to personal and property rights, which are prior to civil subjects. Criminal law is a system to punish serious illegal acts on behalf of the state criminal violence.
Citizens, legal persons or other organizations bring a lawsuit to the people's court, which is called prosecution. Civil litigation refers to the people's court accepting the lawsuits filed by citizens, legal persons, other organizations and their property relations and personal relations. In practice, the scope of civil litigation is extremely extensive. Citizens may bring a lawsuit to the people's court in accordance with the law because of marriage and family disputes, or because the civil rights of citizens, legal persons and other organizations are violated, or because of property rights disputes with others. Generally speaking, in criminal proceedings, when citizens' personal and property rights and interests are illegally infringed, they can report to the public security organs and investigate the criminal responsibility of the infringer according to law. The so-called criminal litigation means that the procuratorial organ or individual citizen brings a lawsuit to the people's court, demanding that the defendant be investigated for criminal responsibility. Among them, citizens can file a criminal private prosecution with the people's court according to law: 1, cases that are handled only after being informed; Including the crime of violent interference in freedom of marriage, embezzlement, insult, slander and abuse. 2. The victim has evidence to prove a minor criminal case; 3. The victim has evidence to prove that the defendant should be investigated for criminal responsibility according to law for infringing his personal and property rights, and the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant. Administrative litigation refers to the litigation brought by citizens, legal persons or other organizations to the people's court in accordance with the provisions of the Administrative Procedure Law, which is called administrative litigation. The scope of accepting cases in administrative litigation is as follows: 1. Those who think that a specific administrative act (including omission) infringes their personal rights and property rights:1; Refuses to accept the administrative punishment such as detention, fine, revocation of license and license, order to stop production and business, confiscation of property, etc.; 2. Dissatisfied with administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property; 3, that the administrative organ violates the law of enterprise autonomy; 4, that meet the statutory conditions for the administrative organ to issue permits and licenses, the administrative organ refuses to issue or does not reply; 5, apply to the administrative organ to perform the statutory duties of protecting personal rights and property rights, and the administrative organ refuses to perform or refuses to reply; 6, that the administrative organ fails to issue pensions according to law; 7, that the administrative organ requires it to fulfill its obligations in violation of the law; 8, that administrative organs infringe upon other personal rights and property rights. 2. Other cases that can be brought to the people's court according to laws and regulations, but are acts of state such as national defense and foreign affairs; Administrative regulations, rules or universally binding decisions and orders formulated and promulgated by administrative organs; The administrative organ's decision on rewards and punishments, appointment and dismissal of the staff of the administrative organ; No administrative proceedings may be brought against a specific administrative act finally made by an administrative organ according to law. ：
What's the difference between criminal law and civil law? Regarding the difference between criminal law and civil law, lawyer Li Zengliang of Hebei Jigang Law Firm replied as follows:
Civil law is the general name of legal norms that stipulate and adjust the property relations and personal relations between citizens, legal persons and other unincorporated organizations as equal subjects. Criminal law is a law that stipulates crime, criminal responsibility and punishment. Criminal law is divided into broad criminal law and narrow criminal law. Criminal law in a broad sense refers to the sum of all legal norms that stipulate crime, criminal responsibility and punishment, including criminal responsibility clauses in criminal code, separate criminal law and non-criminal law. The narrow sense of criminal law refers to the criminal code. The difference between the two is mainly reflected in the following six aspects:
First of all, from the nature of law. Civil law belongs to private law and criminal law belongs to public law. The main purpose of civil law is to maintain peace and security by protecting the basic values of personal general life relations. As a public law, criminal law is in a legal position dominated by state power. As long as the subject's behavior violates the criminal law and constitutes a crime, it should be investigated by the judicial organs.
Second, from the mandatory point of view. Mandatory norms of criminal law, selective norms of civil law. The difference between the compulsion of criminal law and the selectivity of civil law is not only the initial embodiment of "justice" and "fairness" in their respective values, but also the solution to the problem of how to protect the interests without rights in civil law in judicial practice.
Third, from the perspective of legal concern. Civil law emphasizes objectivity, while criminal law emphasizes subjectivity. The so-called criminal law pays attention to subjectivity, which means that criminal law pays attention to behavior and subjective elements, while the so-called civil law pays attention to objectivity, which means that civil law pays attention to behavior.
Fourth, from the perspective of regulatory scope and legal sources. Civil law is more flexible and criminal law is more stable. The adjustment scope of civil law is expanded, the sources of law are diverse, the adjustment scope of criminal law is limited, and the sources of law are limited.
Fifth, from the legal effect. Civil law is corrective and criminal law is punitive. Civil liability refers to the civil liability that the civil subject should bear due to adverse civil legal consequences in civil activities according to the civil law or the special provisions based on the law. Criminal responsibility takes the form of penalty and non-penalty treatment, in which penalty is the most severe of all sanctions, involving the person, property and other major rights and interests of the actor. Once implemented, the freedom of the actor can be restricted, the property will be lost, the spirit will be damaged, and even the life will be deprived, and most of them are irreversible after implementation.
Sixth, in order. Civil law comes first, criminal law comes second. A country's legal system is composed of legal departments in different fields, and these different legal departments have certain priorities in application. The so-called second order of criminal law means that criminal law does not punish all harmful acts, but makes a second adjustment when legal norms such as civil law and administrative law cannot be adjusted. That is, only when civil and administrative legal means are still unable to contain it can an act be defined as a crime in legislation.
What is the difference between a car accident that causes a five-level disability? The main difference is that the public prosecution agency for civil liability will not prosecute, as long as it tries its best to compensate the victim, it can be exempted from criminal punishment. And criminal responsibility will face sentencing.
In traffic accident dispute cases, the compensation issues involved generally include property damage compensation and personal damage compensation. The scope of compensation for property losses mainly includes: repair costs; Loss of cargo on board. Repair fee: according to the reasonable amount on the repair invoice, if the vehicle has been scrapped, it shall be compensated at a discount; The damage to the articles in the car in the accident shall be compensated according to the actual loss.
The items of personal injury compensation mainly include: medical expenses; Lost time; Hospitalization food allowance; Nursing expenses; Living allowance for the disabled; Disability appliance fee; Funeral expenses; Compensation for death; Living expenses of the dependents; Transportation expenses; Accommodation or something. Among them, the lost time fee includes two parts, one part is the lost time fee caused by the party's inability to go to work during medical treatment and hospitalization, and the other part is the lost time fee for dealing with the aftermath of traffic accidents.
Whether the driver should bear civil liability and criminal liability should be analyzed according to the specific situation:
Whether to bear criminal responsibility depends on whether one of the following circumstances exists
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.
Crime of causing traffic accidents: it is a crime of violating traffic laws and regulations stipulated in Article 133 of China's Criminal Law, resulting in serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and it is punishable by fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
According to the relevant judicial interpretation, if one of the following circumstances is met, it can be identified as a traffic accident crime:
1 causes 1 death or serious injury to more than 3 people, and bears all or major responsibility for the accident;
2. More than 3 people are killed and bear the same responsibility for the accident;
(3) Causing direct losses to public property or other people's property, taking full or major responsibility for the accident and being unable to pay compensation of more than 300,000 yuan. Note that the amount above 300,000 yuan here does not refer to the amount of property losses caused by the accident itself, but refers to the amount that the actor is unable to compensate. According to this standard, the direct loss of property is less than 300,000 yuan, or the loss is far more than 300,000 yuan but less than 300,000 yuan after compensation, which does not constitute this crime;
4. A traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances:
(1) driving a motor vehicle after drinking or taking drugs;
(2) driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving while knowing that it is an unlicensed or scrapped motor vehicle;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.
According to article 133 of the Criminal Law, those who commit traffic accidents shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
The above other particularly bad circumstances refer to any of the following circumstances:
(1) If two or more people are killed or five or more people are seriously injured, they shall be fully or mainly responsible;
(2) more than 6 people were killed and were equally responsible for the accident;
(3) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident, and unable to compensate for the amount of more than 600,000 yuan.
How to characterize traffic accidents outside the scope of public transport management?
The so-called outside the scope of public transport management refers to the traffic of factories, mines, forest farms, construction enterprises or other enterprises and institutions that are not included in public transport management. Urban streets, national highways, provincial highways, county roads, township roads and "village-to-village" highways, as well as inland waterways, sea waterways and lakes that have been developed and brought into the scope of public transportation management, all belong to the scope of public transportation management.
According to the provisions of Article 8 of the above judicial interpretation of the Supreme People's Court, if a major traffic accident occurs within the scope of public traffic management, it shall be convicted and punished for the crime of traffic accident. Driving a motor vehicle outside the scope of public transportation management or using other means of transportation to cause casualties or heavy losses to public or private property, which constitutes a crime, shall not be deemed as a crime of causing traffic accidents, but shall be dealt with in the following circumstances respectively:
1 Anyone who drives a motor vehicle or uses other means of transport for production and operation outside the scope of public transport management, refuses to accept management, violates production and labor safety rules and regulations, instigates or forces others to drive a motor vehicle or use other means of transport for illegal and risky operations, resulting in heavy casualties or other serious consequences, shall be convicted and punished for the crime of major liability accident.
If there are potential safety hazards in driving a motor vehicle or using other means of transportation for production and operation outside the scope of public transportation management, and the personnel directly responsible for labor safety facilities still fail to take measures after being put forward by the employees of the relevant departments or units, resulting in heavy casualties or other serious consequences, they shall be convicted and punished for the crime of major labor safety accidents.
3. Whoever drives a motor vehicle or uses other means of transportation for non-production and business activities and causes death outside the scope of public transportation management shall be convicted and punished for the crime of negligent death; Those who cause serious injuries shall be convicted and punished for the crime of causing serious injuries through negligence; Whoever causes serious damage to the means of transport shall be convicted and punished for the crime of negligent damage to the means of transport.
The Supreme People's Court's opinion on hearing criminal cases of traffic accidents.
Interpretation of some problems in the specific application of law
In order to punish traffic accident-causing criminal activities according to law, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in the trial of traffic accident-causing criminal cases are explained as follows:
Rule number one. Personnel engaged in transportation or non-transportation who violate traffic rules and have a major traffic accident shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law on the basis of distinguishing the responsibility for the accident.
Article 2 If a traffic accident occurs under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.
Article 3 Escaping after a traffic accident refers to the behavior of the perpetrator who escapes from legal investigation after a traffic accident under any of the circumstances specified in the first and second paragraphs (1) to (5) of Article 2 of this Interpretation.
Article 4 If a traffic accident occurs in any of the following circumstances, it shall be deemed as "having other particularly bad circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:
(a) causing two or more deaths or five or more serious injuries, and taking full or main responsibility for the accident;
(2) An accident in which more than six people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, taking full or main responsibility for the accident and unable to pay compensation of more than 600,000 yuan.
Article 5 "Death caused by escape" refers to the situation that after a traffic accident, the perpetrator fled in order to avoid legal investigation, resulting in the victim's death due to lack of assistance.
After a traffic accident, if the person in charge of the unit, the owner of the motor vehicle, the contractor or the passenger instigates the perpetrator to escape, resulting in the victim's death due to lack of assistance, it shall be punished as the * * * offender of the traffic accident crime.
Article 6 Where an actor hides or abandons the victim after a traffic accident to avoid legal investigation, resulting in the death or serious disability of the victim, he shall be convicted and punished for intentional homicide or intentional injury in accordance with the provisions of Article 232 and Article 234, paragraph 2, of the Criminal Law respectively.
Article 7 If the person in charge of a unit, the owner of a motor vehicle or the motor vehicle contractor instigates or forces others to drive illegally, thus causing a major traffic accident, he shall be convicted and punished for the crime of causing traffic accidents under one of the circumstances specified in Article 2 of this Interpretation.
Article 8 A major traffic accident within the scope of public traffic management shall be handled in accordance with Article 133 of the Criminal Law and the relevant provisions of this Interpretation.
Whoever drives a motor vehicle or uses other means of transportation outside the scope of public transportation management to cause casualties or heavy losses to public property or other people's property, which constitutes a crime, shall be convicted and punished in accordance with the provisions of Articles 134, 135 and 233 of the Criminal Law respectively.
Article 9 The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to local conditions, determine the threshold amount standards for implementing Item (3) of Paragraph 1 of Article 2 and Item (3) of Article 4 of this Interpretation within the range of 300,000 yuan to 600,000 yuan and 600,000 yuan to/kloc-0,000 yuan, and report them to the Supreme People's Court for the record.
What is the difference between civil fraud and criminal fraud? Civil fraud
According to the General Principles of the Civil Law of People's Republic of China (PRC), the Civil Law of People's Republic of China (PRC) and related judicial interpretations, civil fraud refers to the act of deliberately telling the other party false information or deliberately concealing true information in the process of establishing, changing and terminating civil rights and obligations, and inducing the other party to make a wrong statement.
Criminal fraud means fraud.
Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. Fraud is not to defraud other illegal interests by infringing on the object. Its goal should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in article 193.
It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses.
What's the difference between civil disputes and criminal disputes? Civil disputes are disputes that form personal relations and property relations between citizens, legal persons and citizens and legal persons as equal subjects.
Criminal disputes are mainly disputes between state public power and criminal suspects. Administrative disputes are disputes formed by citizens, legal persons or other organizations that the specific administrative actions of administrative organs and their staff infringe upon their legitimate rights and interests.
1, different legal responsibilities, civil disputes are generally compensation for losses, restitution, repair, etc. Criminal responsibilities mainly include fixed-term imprisonment, life imprisonment, or criminal detention, public surveillance, fines and other responsibilities.
2. There are different ways to solve civil disputes. Civil disputes can be solved through negotiation between both parties, or their rights can be waived. Criminal cases are generally solved by the public security law according to the exercise of the procedural law, and there is no room for discussion.
What is the difference between criminal detention and civil detention? Criminal detention is detention because it involves criminal offences, that is to say, the suspect is involved in violating the relevant provisions of the criminal law.
Civil detention (or public security detention, administrative detention, etc.). ) is a judicial control measure taken by judicial organs or public security organs that does not touch criminal law but violates general public security or administrative regulations.