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The difference between a judgment and an award

Legal analysis: A ruling is a written decision made by the people's court on procedural issues in the process of hearing civil cases and economic disputes. A judgment is a written decision made by the people's court on the substantive issues of the parties in accordance with the law during the hearing of civil cases and economic dispute cases. There are three main differences between rulings and judgments: (1) The nature of the problems to be solved is different. A civil ruling resolves issues related to litigation procedures; a civil verdict resolves substantive issues regarding the civil rights and obligations between the parties. (2) The content and format are different. The content of a civil ruling is relatively simple, and generally does not require a detailed description of the facts of the case, nor does it require a distinction between facts and reasons in the format; the content of a civil judgment is relatively complex, and generally requires a comprehensive description of the facts and reasons of the case. , the format also requires that facts and reasons be written separately. (3) The provisions regarding appeals are different. Appeals are generally not allowed for civil rulings, except where the law expressly stipulates that the parties concerned are allowed to appeal. The ruling becomes legally effective as soon as it is served. Appeals are generally allowed for civil judgments, except where the law expressly stipulates that the first instance is final. During the appeal period, the civil judgment will be Although it has been served, it has not yet taken legal effect. In addition, the appeal period for civil rulings and civil judgments is also different. Civil rulings are ten days and civil judgments are fifteen days.

Legal basis: "Criminal Procedure Law of the People's Republic of China"

Article 200: After the defendant's final statement, the presiding judge announces an adjournment and the collegial panel conducts deliberations. Based on the ascertained facts, evidence and relevant legal provisions, the following judgments are made:

(1) If the facts of the case are clear, the evidence is reliable and sufficient, and the defendant is found guilty according to the law, a guilty verdict shall be made ;

(2) If the defendant is found not guilty according to the law, a judgment of not guilty shall be made;

(3) If the evidence is insufficient and the defendant cannot be found guilty, a judgment due to insufficient evidence shall be made , a not guilty verdict in which the alleged crime cannot be established.

Article 201: In cases of confession and punishment, when the People's Court makes a judgment in accordance with the law, it shall generally adopt the charges and sentencing recommendations charged by the People's Procuratorate, except in the following circumstances:

(1) The defendant’s behavior does not constitute a crime or he should not be held criminally responsible;

(2) The defendant pleads guilty and accepts punishment against his will;

(3) The defendant Denying the alleged criminal facts;

(4) The charges charged in the prosecution are inconsistent with the charges found in the trial;

(5) Other circumstances that may affect a fair trial.

If the People's Court deems that the sentencing recommendation is obviously inappropriate after trial, or the defendant or defender raises objections to the sentencing recommendation, the People's Procuratorate may adjust the sentencing recommendation. If the People's Procuratorate does not adjust the sentencing recommendation or if it is still obviously inappropriate after adjusting the sentencing recommendation, the People's Court shall make a judgment in accordance with the law.

Article 202: The pronouncement of judgment shall be made in public.

If a judgment is pronounced in court, the written judgment shall be served within five days on the parties and the People's Procuratorate that initiated the public prosecution; if the judgment is announced on a regular basis, the written judgment shall be served immediately on the parties and the people's procuratorate who initiated the public prosecution. Procuratorate. The judgment shall be served on the defender and litigation agent at the same time.

Article 203 The judgment shall be signed by the judge and the clerk, and shall indicate the time limit for appeal and the court of appeal.