I. Similarities and differences between the Criminal Procedure Law and the Civil Procedure Law
Similarities:
Both civil procedure law and criminal procedure law belong to the category of procedural law, and they are laws that stipulate litigation procedures in order to ensure the realization of substantive legal relations. Therefore, there are many similarities between the civil procedure law and the criminal procedure law in form.
Difference:
1, the purpose of litigation is different. Civil litigation should solve the civil rights and obligations disputes between equal subjects; What criminal proceedings need to solve is whether the person suspected of committing a crime really committed a crime, what crime he committed and what kind of punishment he should receive.
2. The litigants are different. In civil litigation, both parties can file a lawsuit, and after the plaintiff files a lawsuit, the defendant can counterclaim; In criminal proceedings, except for cases of private prosecution, private prosecutors file lawsuits and people's procuratorates file lawsuits.
3. The burden of proof is different. In civil litigation, who claims the right is responsible for the proof; In criminal proceedings, only the defendant (administrative organ) is responsible for giving evidence. In criminal proceedings, the public prosecutor has the responsibility to provide evidence of the defendant's guilt and prove it. The defendant does not bear the burden of proof, but can provide lighter or innocent materials to defend himself.
4. The applicable laws are different. Civil litigation mainly applies to the Civil Code (20211implementation) and the Civil Procedure Law; Criminal procedure mainly uses criminal law and criminal procedure law.
Second, the relevant legal knowledge
(1) About mediation
1, in civil proceedings:
(1) Mediation is a basic principle. On a voluntary and legal basis, the people's court can mediate as long as the nature of the case is suitable for mediation;
(2) In divorce cases, the people's court must mediate first.
2. In criminal proceedings:
(1) incidental civil litigation can be mediated;
(2) Mediation can be conducted for private prosecution cases specified in the first two paragraphs of Article 170 of the Criminal Procedure Law;
(3) Mediation is not applicable to public prosecution cases and private prosecution cases as stipulated in Item 3 of Article 170 of the Criminal Procedure Law.
(2) Cases under the jurisdiction of the Intermediate People's Court
1, in civil proceedings:
(1) major foreign-related cases;
(2) cases that have a significant impact in the region;
(3) Cases determined by the Intermediate People's Court in the Supreme People's Court, such as patent dispute cases.
2. In criminal proceedings:
(1) Cases endangering national security;
(2) Ordinary criminal cases that may be sentenced to death or life imprisonment;
(3) Criminal cases of foreigners committing crimes.
(3) the principle of determining territorial jurisdiction
1, in civil proceedings:
(1) The jurisdiction of the court where the defendant is located is the general principle, with the exception of the jurisdiction of the court where the plaintiff is located;
(2) There are a lot of provisions on special regional jurisdiction in civil litigation.
2. In criminal proceedings:
(1) The jurisdiction of the court in the place where the crime was committed is the main one, supplemented by the jurisdiction of the court in the defendant's place of residence;
(2) The court trial in the place where the case was initially accepted is the main one, supplemented by the court trial in the main crime place;
(3) There are also some provisions on special territorial jurisdiction in criminal proceedings.
This is about the similarities and differences between the criminal procedure law and the civil procedure law. As can be seen from this article, the similarity between the criminal procedure law and the civil procedure law lies in that they both belong to the category of procedural law, both of which are aimed at ensuring the realization of substantive legal relations, but there are many differences between them in litigation purpose, litigation subject, burden of proof and so on.