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EXPLAIN
ITS KINDS. DISTINGUISH BETWEEN CIVIL AND
CRIMINAL JUSTICE.
INTRODUCTION:-Administration of Justice:- According to
Salmond : -”The administration of justice implies the
maintenance of right within a political community by
civilized substitute for the primitive practice of private
vengeance and violent self-help.” This has been criticized
on the ground that it is not the force of the state alone that
secures the obedience of law. There are a number of
other factors such as the social sanctions, habit and
convenience which help in the obedience of law. In
civilized societies, obedience to law becomes a matter of
habit and in very rare cases the force of the state is used
to secure it
According to Austin: ‘Law is the aggregate of rule set by
men as politically superior, or sovereign, to men as
politically subject.” It means law is command of sovereign.
In his definition Command, duty and sanction are the three
elements of law.
The fundamental difference between the definitions of
the two jurists is that whereas in the definition of Austin,
the central point of law is sovereign, in the definition of
Salmond, the central point is Court. In fact, both the
definitions are not perfect and present two aspects of law.
Salmond : Points out that men do-not have one reason in
them and each is moved by his own interest and passions.
The only alternative is one power over men. Men is by
nature a fighting animal and force is the ultima ratio of all
mankind. As Hobbes puts it “ without a common power to
keep them all in awe, it is not possible for individuals o live
in society. Without it injustice is unchecked and triumphant
and the life of the people is solitary, poor, nasty, brutish
and short.” Salmond says however orderly a society may
be, the element of force is always present and operative. It
may become latent but still exists.
KINDS OF ADMINISTRATION OF
JUSTICE
The administrative of justice may be divided into two
parts:-
1) Civil.
2) Criminal.
1. Administration of Civil Justice: The wrongs which are
the subject-matter of civil proceedings are called civil
wrongs. The rights enforced by civil proceedings are of
two kinds (1) Primary and (2) Sanctioning or remedial
rights. Primary right are those rights which exists as such
and do not have their source in some wrong. Sanctioning
or remedial rights are those which come in to existence
after the violation of the primary rights. The object of the
civil administration of justice is to ascertain the rights of
the parties and the party who suffers from the breach of
such rights is to be helped by way of paying damages or
getting injunction, restitution and specific performance of
contract etc.
2. Administration of Criminal Justice:- The object of the
criminal justice is to determine the crime of a person who
is charged with the doing of an offence. The criminal court
after proving that the offender is guilty of the offence
charged awards him the punishment of fine, imprisonment
as prescribed by criminal law. A convicted person is
awarded physical pain. Thus the main purpose of the
criminal justice is to punish the wrongdoer.
DIFFERENCE BETWEEN CIVIL AND CRIMINAL
ADMINISTRATION OF JUSTICE
Civil Administration of Justice
In the civil case the suit is Filed in the civil court. Criminal
Administration of Justice
In the criminal cases the proceedings Is filed in the
criminal court.
The main remedy in civil Cases is damages. The main
remedy in criminal cases is to Punish the offender.
In the civil cases, the court Follows the procedure
Prescribed in Civil Procedure Code. In the criminal cases,
the court follows the procedure laid down in criminal
Procedure Code.
In civil cases the action is taken By the injured party and
the Suit is established by himself By giving evidence. In
criminal cases the proceeding is taken by the state and
the injured party is called out as a witness by the state.
LAW
Pre-legal world
Legal world
No legislature Rule of
recognitaion
No executive Rule of
Change
No court Rule of
Adjustice