Civil and commercial cases include civil and commercial parts. The civil part mainly focuses on the legal issues involved in the establishment, alteration and termination of civil rights and obligations of civil subjects in typical civil acts, including contracts, guarantees and loans, civil tort, marriage and family and inheritance, labor disputes, litigation and arbitration. The commercial part includes the study of typical commercial behaviors and legal issues involved by commercial subjects, which are divided into bankruptcy, reorganization and liquidation, insurance and trust, financial planning and maritime affairs.
Civil law is common law and commercial law is special law. Civil law has the significance of guiding commercial law, and commercial law has the function of increasing, changing and restricting civil law. The main difference between commercial law and economic law lies in that commercial law takes the autonomy of the parties as the leading principle, while economic law emphasizes the intervention of national will and government functions and takes national policy as the leading factor.
Generally speaking, civil and commercial affairs cover marriage and family inheritance, property rights, contracts, labor disputes, companies and enterprises, securities and futures, insurance bills and letters of credit, intellectual property rights, maritime affairs, tort liability, limitation of action, foreign-related civil relations and other issues.
First, the prosecution of civil and commercial cases shall meet the following conditions
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Second, the difference between civil litigation and civil and commercial arbitration
(a) different starting conditions, the premise of arbitration is that both parties reach an arbitration agreement, indicating that they voluntarily submit the dispute to the arbitration organ. Civil litigation does not require negotiation between the two parties. As long as one party's lawsuit meets the statutory conditions, the court will accept it.
(2) Different institutions, the Arbitration Commission is organized by the people's government and relevant departments (Legislative Affairs Bureau) and chambers of commerce, and its supervisory body is the China Arbitration Association, and its arbitrators are mostly lawyers and government officials engaged in part-time work; The court institution is the judicial institution of national laws.
(three) the rights of the parties are different, and arbitration means that the parties have the right to choose arbitrators. Judges in civil proceedings shall be decided by the people's courts.
(4) Arbitration is final if the procedures are different. The parties may not apply for arbitration again for the same fact, nor may they bring a lawsuit or appeal to the people's court again. Civil litigation can go through three stages: first trial, second trial and retrial. Moreover, arbitration is generally not heard in public, which is conducive to keeping the business secrets of the parties. Civil proceedings must be heard in public, and there are no special circumstances.
(5) The fees are different. Arbitration fees are not stipulated to be reduced, deferred or exempted, and civil litigation fees can be reduced, deferred or exempted if they meet the requirements.
Legal basis:
People's Republic of China (PRC) Civil Code
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.
Article 2 The Civil Law regulates the personal relations and property relations among natural persons, legal persons and unincorporated organizations as equal subjects.
Article 3 The personal rights, property rights and other lawful rights and interests of civil subjects are protected by law, and no organization or individual may infringe upon them.
Article 4 Civil subjects have equal legal status in civil activities.
Article 5 Civil subjects engaged in civil activities shall follow the principle of voluntariness and establish, change and terminate civil legal relations according to their own wishes.
Article 6 Civil subjects engaged in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.