These seven points are as follows:
1, the applicable law is different.
The former is the civil procedure law and the latter is the administrative procedure law.
2. The probation period is different.
The first trial period of general civil litigation is 6 months, and the first trial period of administrative litigation is 3 months.
3. Different purposes
The purpose of administrative litigation is to safeguard and supervise the administrative organs to exercise their administrative functions and powers according to law and protect the legitimate rights and interests of citizens, legal persons and other organizations. What civil litigation should solve is the property relationship and personal relationship between citizens, legal persons and citizens and legal persons as equal subjects.
4. Different litigants.
In administrative litigation, one party must be an administrative organ, always in the position of defendant, and cannot counterclaim;
In civil litigation, both parties can be plaintiffs or defendants, and the defendants can counterclaim.
5, the people's court to accept the prosecution of different circumstances.
Some administrative lawsuits can be brought directly to the people's court, and some can only be prosecuted after reconsideration by the administrative organ at the next higher level;
However, there is no such condition for bringing a civil lawsuit. As long as there are clear defendants, specific claims and factual basis, and they are under the jurisdiction of the people's courts, they can all sue.
6, the burden of proof is different
In administrative litigation, the administrative organ bears the burden of proof for the specific administrative act being sued, and the plaintiff does not bear the burden of proof, while in civil litigation, whoever files a lawsuit will bear the burden of proof.
7. The trial principles are different.
When the court hears an administrative case, mediation is not applicable, and the case must be closed by judgment or ruling; In the trial of civil cases, mediation may be conducted.
These two meanings:
Civil litigation mainly refers to the litigation between citizens, legal persons and other organizations and between them due to disputes over property relations and personal relations; Administrative litigation refers to the litigation brought by citizens, legal persons or other organizations against the administrative actions of administrative organs and their staff members, which is applicable to unequal subjects.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
essay
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.
administrative procedure law of the people's republic of china
second
Citizens, legal persons or other organizations have the right to bring a lawsuit to the people's court in accordance with this law if they think that the administrative actions of administrative organs and their staff infringe upon their legitimate rights and interests. The administrative acts mentioned in the preceding paragraph include administrative acts made by organizations authorized by laws, regulations and rules.