Civil litigation should solve the civil rights and obligations disputes between equal subjects; What administrative litigation needs to solve is whether the specific administrative actions of state administrative organs are legal and correct; 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.
Details are as follows:
(1) The similarities between criminal litigation and civil litigation and administrative litigation are as follows: firstly, litigation will occur and the reasons can be solved through litigation; Some disgusting facts exist. Secondly, the lawsuit must have parties, namely the plaintiff and the defendant in the case. Third, the lawsuit must be attended, presided over and decided by the state judicial organs. In addition, there should be other participants in the proceedings. Subsequent lawsuits should be conducted in accordance with the law.
(2) The more important and obvious difference between criminal litigation and civil litigation and administrative litigation is that the substantive problems they want to solve are different from the substantive laws they are based on. First of all, the substantive problems to be solved in criminal litigation are crime and punishment, while civil litigation and administrative litigation do not solve such problems. Secondly, the substantive law on which criminal litigation is based is the law that stipulates crimes and penalties, while the substantive law on which civil litigation and administrative litigation are based is the law that stipulates property relations, personal relations and other laws and adjusts administrative relations. Third, criminal proceedings must be conducted in accordance with the Criminal Procedure Law, civil proceedings must be conducted in accordance with the Civil Procedure Law, and administrative proceedings must be conducted in accordance with the Administrative Procedure Law. The criminal procedure stipulated in the Criminal Procedure Law is different from the civil procedure stipulated in the Civil Procedure Law and the administrative procedure stipulated in the Administrative Procedure Law.
Provisions on the trial time of criminal cases
Time limit for hearing a case:
Article 202 of the Criminal Procedure Law: When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, but not more than three months at the latest. Find the law network to remind you that cases that may be sentenced to death or cases with incidental civil actions, as well as those under one of the circumstances stipulated in Article 156 of this Law, may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
Article 214 A case tried by summary procedure shall be concluded by the people's court within 20 days after it is accepted. If the possible fixed-term imprisonment exceeds three years, it can be extended to one and a half months.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 5 of the Civil Procedure Law of People's Republic of China (PRC)
Foreigners, stateless persons, foreign enterprises and organizations shall enjoy the same litigation rights and obligations as citizens, legal persons and other organizations in People's Republic of China (PRC) when they bring a lawsuit or respond to the lawsuit in the people's court. If a foreign court restricts the civil litigation rights of citizens, legal persons and other organizations in People's Republic of China (PRC), the people's court of People's Republic of China (PRC) shall implement the principle of reciprocity for the civil litigation rights of citizens, enterprises and organizations in that country.