Four characteristics of litigation

Four characteristics of criminal procedure:

1. Criminal proceedings are the activities of statutory state organs (such as procuratorial organs and courts) to exercise the power of state punishment;

2. The application of state power in criminal proceedings has the characteristics of initiative, extensiveness and profundity;

3. Criminal litigation is an interactive process in which the parties follow the procedural rules;

4. Criminal proceedings must be conducted in strict accordance with legal procedures;

The characteristics of civil litigation are:

1, civil litigation has public rights. Civil litigation is to solve disputes between equal subjects through judicial means, and the court exercises judicial power to solve civil disputes on behalf of the state. It is different from the nature of mass autonomous organizations and people's mediation committees to resolve disputes through mediation, and from the nature of civil arbitration committees to resolve disputes through arbitration; ?

2. The compulsory nature of civil litigation is an important attribute of public power. The compulsion of civil litigation is not only reflected in the acceptance of cases, but also in the execution of judgments. Mediation and arbitration are based on the wishes of the parties. As long as one party is unwilling to choose the above methods to solve disputes, it is impossible to conduct mediation and arbitration, but civil litigation is different. As long as the plaintiff's prosecution meets the conditions stipulated in the Civil Procedure Law, the lawsuit will occur whether the defendant is willing or not. The performance of the mediation agreement outside litigation depends on the consciousness of the parties and is not mandatory. The court decision is different. If the parties do not automatically perform the obligations specified in the effective judgment, the court may enforce them according to law; ?

3. Civil litigation is procedural. Civil proceedings are conducted in accordance with legal procedures. Courts, parties and other participants in litigation all need to conduct litigation in accordance with the procedures stipulated in the Civil Procedure Law, and violation of litigation procedures will often lead to certain legal consequences.