Administrative punishment is an act that citizens, legal persons or other organizations violate national laws and regulations, which does not constitute a crime and should bear administrative responsibility according to law.
Punishment is aimed at acts that have violated the criminal law and constituted a crime.
Acts of the same nature will be punished by different natures due to different severity and different consequences.
Second, the basis of punishment is different. The basis of administrative punishment includes laws, administrative regulations, local regulations and administrative rules. The applicable basis of punishment can only be the criminal law and the criminal law amendment formulated by the National People's Congress.
Third, the organs that impose punishment are different.
The subject of administrative punishment is the state administrative organs and other non-administrative organizations authorized by laws and regulations.
Its enforcement subject is much wider than the punishment subject. The punishment can only be decided by the court and then handed over to the executive organ.
Fourth, the types of punishment are different.
Penalties include principal punishment and supplementary punishment.
Principal punishments include public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty; Supplementary punishments include fines, deprivation of political rights and confiscation of property, in addition to the deportation of foreigners who commit crimes.
The types of administrative punishment include warning, fine, order to stop production and business, temporary suspension or revocation of license, temporary suspension or revocation of business license, confiscation of illegal property, confiscation of illegal income, administrative detention, etc.
Although administrative punishment is also aimed at people, there is only one kind, that is, administrative detention. The upper limit of administrative detention is 15 days, which cannot be compared with punishment in severity.
Extended data:
A criminal case refers to a social relationship in which a criminal suspect or defendant is accused of violating the protection of criminal law.
Cases that are investigated, tried and punished by the state (such as fines, fixed-term imprisonment, death penalty, deprivation of political rights, etc.). ) in order to investigate the criminal responsibility of criminal suspects or defendants.
2065438+On the morning of September 5th, 2008, Shenzhen Longhua Court held a public hearing to hear the case that Yin, who was prosecuted by the public prosecution agency, was suspected of organizing and leading the crime of organizing a triad society, causing trouble, intentional injury and opening a casino.
It is reported that this is the first criminal case involving black and evil that Longhua Court has publicly tried since it launched the special struggle to crack down on black and evil.
Civil cases generally follow the principle of non-litigation, that is, the parties do not take the initiative to raise it with the state judicial organs, and the state judicial organs generally do not intervene in disputes between the parties.
In criminal cases, the national criminal judicial organs usually take the initiative to intervene. After the victim or the masses report the case, the public security and procuratorial organs will intervene in the investigation.
Then the people's procuratorate prosecuted the defendant on behalf of the state, and the court, as a judge of the law, conducted a fair trial to achieve the criminal law purpose of punishing criminals and protecting the people.
References:
Baidu Encyclopedia-Criminal Cases