1, involving different legal relationships. Criminal is a criminal legal relationship, involving criminal acts. Civil is a civil legal relationship, involving the property and personal relationship between equal civil subjects;
2. The principle of prosecution is different. Criminal acts in the criminal field violate the social relations protected by our laws. Except for a few cases of private prosecution, the state public authority will take the initiative to intervene, and the legal state organ will prosecute the defendant, and the court will impose sanctions on behalf of the law. In civil litigation, the principle of non-prosecution is implemented, and the court does not actively interfere with the autonomy of the parties;
3. Different applicable laws;
There are different ways to take responsibility. Those who are criminally responsible will be subject to criminal penalties, including fixed-term imprisonment, life imprisonment, death penalty, public surveillance, criminal detention, fines and confiscation of property. The ways to bear civil liability include stopping the infringement, removing the obstruction, eliminating the danger, returning the property, restoring the original state, repairing, redoing, replacing, compensating for losses, paying liquidated damages, eliminating the influence, restoring the reputation, and apologizing.
Criminal cases are different from civil cases, and the Ministry of Justice has formulated standard documents for the documents needed in each process of criminal cases. All law firms shall directly follow the format documents formulated by the Ministry of Justice. Before accepting the entrustment, they need to be familiar with these format documents and ask the client to sign, seal or fingerprint according to actual needs. The format files related to accepting cases include criminal case format file 5- power of attorney and criminal case format file 7- entrustment agreement. After accepting the entrustment or assignment, the lawyer shall contact the case-handling organ in time, present the lawyer's practice certificate, and submit the power of attorney and specific format documents.
Article 3 of the Civil Procedure Law of People's Republic of China (PRC)? The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and among them because of property relations and personal relations.
Article 3 of the Criminal Procedure Law of People's Republic of China (PRC)? Public security organs are responsible for the investigation, detention, execution of arrest and preliminary examination of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers.
In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.