Civil violations, administrative violations and criminal violations are distinguished as follows:
1, violation of laws and regulations is different.
Administrative violations violate administrative laws and regulations. Anyone who violates the regulations on administrative penalties for public security, traffic regulations, compulsory education law, environmental protection law and other administrative regulations is an administrative violation. Civil tort violates civil laws and regulations, mainly including civil code, copyright law and patent law. Criminal violations, that is, crimes, are acts that violate the criminal law and should be punished by the criminal law. They are serious violations, the most serious of all violations. Criminal laws and regulations include the Criminal Law of People's Republic of China (PRC) and the Criminal Law of China.
2. Different legal responsibilities.
The legal responsibility of administrative violation is administrative punishment. Administrative punishment refers to the punishment given to those who violate administrative regulations according to the administrative regulations of the state or the rules and regulations of organs, enterprises and institutions. Administrative punishment can be divided into administrative punishment and administrative punishment. Among them, administrative punishment is also called disciplinary punishment, which generally includes warning, demerit recording, gross demerit recording, demotion, demotion, dismissal, expulsion for probation and expulsion. Administrative punishment generally includes warning, fine, confiscation of illegal income, temporary suspension or revocation of license or business license, order to stop production and business for rectification, administrative detention and other administrative punishments as prescribed by administrative regulations. The legal consequence of civil tort is civil liability. The ways for citizens and legal persons to bear civil liability mainly include stopping the infringement, removing obstacles, eliminating dangers, returning property, restoring the original state, repairing, redoing, replacing, compensating losses, paying liquidated damages, eliminating influence, restoring reputation and apologizing. The legal consequence of criminal violation is criminal responsibility. Criminal punishment, including criminal detention, public surveillance, fixed-term imprisonment, life imprisonment and death penalty, is the most severe.
Conditions and limitations of commutation
The conditions for commutation mainly include: preventing others from engaging in major criminal activities; Reporting major criminal activities inside and outside the prison, which is verified; There are inventions or major technological innovations; Sacrifice oneself to save others in daily production and life; Outstanding performance in resisting natural disasters or eliminating major accidents.
Limit of commutation: those sentenced to public surveillance, criminal detention or fixed-term imprisonment shall not be less than half of the original sentence; If a person is sentenced to life imprisonment, the sentence actually executed after commutation shall not be less than thirteen years; If a criminal whose death sentence is suspended is commuted to life imprisonment according to law after the expiration of probation, the actual sentence executed after commutation shall not be less than 25 years, and if it is commuted to 25 years after the expiration of probation, it shall not be less than 20 years.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 2 of the Administrative Punishment Law of the People's Republic of China refers to the punishment that the administrative organ gives to citizens, legal persons or other organizations to reduce their rights and interests or increase their obligations according to law.
Article 19 of the Civil Law of People's Republic of China (PRC) * * * Minors over the age of eight are persons with limited capacity for civil conduct and are represented by their legal representatives or recognized and ratified by their legal representatives; However, civil legal acts that are purely beneficial or suitable for their age and intelligence can be implemented independently.
Article 13 of the Criminal Law of People's Republic of China (PRC) stipulates that all acts that endanger the sovereignty, territorial integrity and security of the country, split the country, subvert the people's democratic dictatorship and the socialist system, disrupt the social and economic order, infringe on state-owned property or property collectively owned by the working people, infringe on citizens' private property, infringe on citizens' personal rights, democratic rights and other rights, and other acts that endanger society are crimes and should be punished according to law. however