1. What is the difference between civil liability, criminal liability and administrative liability?
1. Different definitions
Civil liability is the legal responsibility that civil subjects should bear when they violate civil legal norms. Administrative liability is the legal responsibility that an individual or unit should bear for violating administrative law provisions. Criminal liability is the legal responsibility that an individual or unit should bear for violating the provisions of criminal law.
2. Different classifications
Civil liability includes contractual liability and tort liability. Administrative responsibilities include administrative sanctions and administrative penalties. The types of criminal penalties include five main penalties: surveillance, criminal detention, life imprisonment, fixed-term imprisonment, life imprisonment, and death, as well as additional penalties such as fines and confiscation of property. Additional penalties may be applied alone or in combination with the main penalty.
3. Different subjective elements
Intentionality and negligence have different impacts on criminal liability and civil liability. Since criminal liability focuses on punishment, intentionality and negligence have a very large impact on criminal liability. Civil liability is mainly compensatory, but it is much lighter than criminal liability. It mainly depends on how much damage it causes to others. , if the damage caused is very large, you will have to bear huge civil liability.
2. How to divide the age of criminal responsibility?
Determining the age at which criminal responsibility begins is one of the important issues in criminal legislation, because the age of criminal responsibility is one of the main contents of criminal responsibility. Judging from the provisions of my country's criminal law, the age of criminal responsibility is divided into three stages:
(1) If a person who has reached the age of sixteen commits a crime, he shall be held criminally responsible at the full age of criminal responsibility;
(2) A person who is over fourteen years old but under sixteen years old commits eight crimes stipulated in the criminal law and shall be held criminally responsible based on the relative age of criminal responsibility;
(2) A person who is over fourteen years old but under ten years old shall be held criminally responsible If a person who is six years old commits any of the eight types of crimes stipulated in the criminal law, he will be held criminally responsible based on the age of criminal responsibility;
(3) People under the age of fourteen will not be held responsible no matter what kind of behavior endangers society. Criminal liability shall be investigated based on the age of criminal liability. The reason why the law stipulates such an age of criminal responsibility is to truly care about the healthy growth of children and adolescents, and to adhere to the policy of giving priority to education and supplementing punishment, focusing on education, reform and rescue, Even if a rare minority must be punished, the purpose is to educate. Therefore, the age of criminal responsibility currently stipulated in our country is not only scientific, but also reasonable.
The three types of liability have different reasons and different scopes of application. Criminal suspects who are over 14 years old and under 16 years old belong to the relative age of criminal responsibility. In this case, they have violated the legal provisions. For the eight crimes, one should bear corresponding criminal responsibility, otherwise there is no need to pursue the criminal responsibility of the parties involved. The law's clarification of the age of criminal responsibility is to protect the healthy growth of children.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: "Article 176 of the Code of the People's Republic of China"
Civil subjects shall perform civil obligations and bear civil liability in accordance with legal provisions or the agreement of the parties. .
Article 177 of the "Code of the People's Republic of China"
If two or more people bear responsibilities in accordance with the law, and the degree of liability can be determined, each shall bear corresponding responsibilities. ; If it is difficult to determine the size of the responsibility, the responsibility will be shared equally.