In fact, the term "civil crime" is incorrect! There is no crime in civil affairs, which should be called civil tort and civil dispute.
(a) the composition of civil tort mainly has two conditions:
(1) infringes upon the rights and interests of others protected by civil law;
(2) the behavior is illegal, that is, it violates the provisions of the civil law.
(two) civil violations are divided into:
(1) Default
Refers to the behavior that the parties to a contract fail to perform or not fully perform their contractual obligations without legal reasons.
(2) Infringement
Refers to the illegal violation of the civil rights of others outside the contract.
Second, what is a criminal offence?
The Criminal Law of People's Republic of China (PRC) clearly stipulates that if there are crimes specified in the law, they shall be convicted and punished according to law; If the law does not clearly stipulate that it is a criminal act, it shall not be convicted and punished. All acts that endanger national sovereignty, territorial integrity and security, 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 that should be punished according to law, but the circumstances are obviously minor and the harm is not great.
Third, there are essential differences between civil cases and criminal cases:
1, with different properties.
Civil cases are mainly disputes over civil rights and obligations, which are contradictions among the people; Criminal cases are crimes that endanger society, violate criminal law and should be punished, and belong to the nature of class contradiction.
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.
Liaoning Xingren Law Firm is the first law firm focusing on criminal cases in Northeast China, which undertakes criminal cases all over the country. Every lawyer in Xingren regards helping clients to provide better defense as their pursuit, and makes full use of legal tools to provide perfect legal support for every client to get rid of unfair and unequal treatment. Xingren adopts the team handling mode, and each case is handled by more than two lawyers at the same time, which ensures the rigor and meticulousness of lawyers' work and protects the legitimate rights and interests of the parties to the maximum extent.