1. The subject of compensation is different: the subject of civil compensation is usually the infringer himself, while the subject of criminal compensation is the state. When the state is a civil subject, it does not appear as a public official, so it does not become the subject of compensation because of its duty behavior. In state compensation, the specific compensation obligation is performed by a specific state organ on behalf of the state. The state organ that illegally exercises its functions and powers to commit the infringement or the state organ where the staff who commit the infringement is located is the main body of the state compensation legal relationship (except the legislature and the state military organs).
2. The scope and types of compensation are different: the scope of state compensation is relatively narrow. Usually, in 16 cases, the victim is entitled to compensation, and in 9 cases, the state is not liable for compensation. The content of state compensation for damages is limited to direct losses and property losses, while indirect losses and mental losses are not regarded as the damage content of state compensation, but the Civil Code stipulates moderate compensation for the latter two losses.
3. Different compensation principles: civil compensation mainly adopts the principle of imputation and the principle of fair liability. The principle of imputation is divided into the principle of fault liability and the principle of no-fault liability, as well as the so-called principle of presumption of fault, which is a special manifestation of the principle of fault liability. State compensation adopts the principle of illegality. As long as the duty behavior of state organs and their staff constitutes an illegal act stipulated in the State Compensation Law, even if the actor is not at fault, the state will bear the liability for compensation. On the other hand, if the duties of state organs and their staff are legal, even if there is subjective fault, the state will not be liable for compensation.
4. Different compensation procedures: Civil compensation is applicable to the ordinary procedures of first instance, second instance, trial supervision and execution procedures. There are special administrative compensation procedures and criminal compensation procedures for state compensation. Before filing a state compensation lawsuit, the victim often has to file a claim for compensation with the organ liable for compensation, and can only file a lawsuit if it is not resolved.
5. Different compensation methods and standards: the main form of state compensation is monetary compensation, while civil compensation can take many forms, such as restitution and apology, in addition to monetary compensation. Regarding the compensation standard, the State Compensation Law insists that the compensation standard should be compatible with the people's average living standard and the state's financial resources. State compensation can not completely fill the actual losses of the victims, but can only compensate the victims as much as possible. Civil compensation adopts the principle that compensation should be equivalent to loss.
What conditions do criminal cases need to meet?
Two conditions must be met for filing a case:
1. Criminal facts exist.
The existence of criminal facts is the first condition for filing a case. This condition includes two aspects:
First, acts that constitute crimes must be put on file for investigation. If it's not a crime, you can't file a case. For some illegal acts that endanger society, but the circumstances are obviously minor and the harm is not great, they are not considered as crimes.
Second, there must be certain materials to prove that the criminal facts did happen. At this time, the proof conditions do not need to reach the level of sufficient evidence, but the whistleblower should also provide preliminary evidence.
2 criminal facts shall be investigated for criminal responsibility according to law.
If there are criminal facts, but the law stipulates that criminal responsibility shall not be investigated, the case cannot be filed.
It is not necessary to file a case when a criminal fact occurs, but also to meet the conditions that need to be investigated for criminal responsibility.
In the following circumstances, although criminal facts have occurred, criminal responsibility shall not be investigated:
1, the crime has passed the limitation period;
2. Exemption from punishment through Amnesty;
3, in accordance with the criminal law to deal with the crime, did not tell or withdraw to tell;
4. The criminal suspect is dead;
5, other laws and regulations exempt from criminal responsibility, shall not be investigated for criminal responsibility.
In addition to the above two conditions, the public security organ will also examine whether the case belongs to its own jurisdiction. If it is not under their jurisdiction, the informant will generally be required to report the case to the competent authority, and the public security organ with jurisdiction will file a case.
There is no result in filing a case, and the treatment method is as follows:
(1) Informants can report the situation to the public security organs at higher levels, such as the monitoring brigade of the county public security bureau or the petition office, and can collect evidence to report the case;
(2) The parties concerned may apply to the procuratorate for filing a case for supervision.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 30 1 of the Criminal Procedure Law of People's Republic of China (PRC).
During the trial, the people's court shall terminate the trial if the fugitive criminal suspect or defendant surrenders or is captured.
If the confiscation of the property of a criminal suspect or defendant is indeed wrong, it shall be returned and compensated.