1, the purpose of litigation is different.
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.
2. The litigants are different.
In civil litigation, both parties can file a lawsuit, and after the plaintiff files a lawsuit, the defendant can counterclaim; Administrative litigation can only be brought by the administrative counterpart, and the administrative organ is always in the position of defendant and cannot counterclaim; In criminal proceedings, except private prosecution cases, all cases are prosecuted by people's procuratorates.
3. The burden of proof is different.
In civil litigation, who claims the right is responsible for the proof; In administrative proceedings, only the defendant (administrative organ) bears the burden of proof;
In criminal proceedings, the public prosecutor has the responsibility to provide evidence of the defendant's guilt and prove it. The defendant does not bear the burden of proof, but can present lighter or innocent materials to defend himself.
4. The applicable laws are different.
Civil litigation mainly applies to civil code and civil procedure law; Administrative litigation mainly applies to administrative laws, regulations and administrative procedure law; Criminal procedure mainly applies to criminal law and criminal procedure law.
5. Different fields.
In civil litigation, the principle of non-prosecution and disregard is implemented, and the court does not actively interfere with the autonomy of the parties. The legal norms in the civil field mainly include civil law, civil code, civil code, civil code and so on. Criminal acts in the criminal field violate the social relations protected by our laws, and the state public power organs will take the initiative to intervene.
6. Different treatment methods.
The ways to bear civil liability include stopping the infringement; Remove obstacles; Eliminate danger; Return property; Restore to the original state; Repair, rework and replacement; Compensation for losses; Pay liquidated damages; Eliminate influence and restore reputation; Apologize or something. The criminal entity norm is mainly criminal law, and the litigation basis is criminal procedure law. 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.
If the criminal violates the law, on April 6, 20 18, 15, the criminal suspect Zhang Mouqiang had the evil thoughts of kidnapping and extortion due to financial difficulties. Immediately, four mainlanders, including Yao Mouqing and Li, were linked online to form a kidnapping criminal gang. On May 4, the suspect Zhang Mouqiang and others kidnapped Sun Mouzhen, a native of Ning County, Linfen Town.
For example, if it is illegal in civil law, after Party A and Party B sign a contract to buy a second-hand house and pay a deposit to Party B, Party B later feels that the price of the house sold is low and is unwilling to perform the contract. Party A sued Party B to the local court, demanding that Party B bear the liability for breach of contract and continue to perform the contract.
Legal basis:
civil law
Article 1 This Law is formulated in accordance with the Constitution in order to protect the legitimate rights and interests of civil subjects, adjust civil relations, maintain social and economic order, meet the development requirements of Socialism with Chinese characteristics, and promote socialist core values.
Administrative procedure law
Article 1 This Law is formulated in accordance with the Constitution in order to ensure that the people's courts hear administrative cases fairly and promptly, resolve administrative disputes, protect the legitimate rights and interests of citizens, legal persons and other organizations, and supervise the administrative organs to exercise their functions and powers according to law.
Criminal procedure law
Article 1 This Law is formulated in accordance with the Constitution in order to ensure the correct implementation of the Criminal Law, punish crimes, protect the people, safeguard national security and social security, and safeguard the socialist social order.