Q.10 DISCUSS CIVIL JUSTICE AND CRIMINAL JUSTICE. WHAT IS DIFFERENCE BETWEEN THE TWO AND PURPOSE OF BOTH THE KINDS?

 (1) Introduction:-

 The most prominent and basic aim of law is to achieve justice and this aim can be achieved through administration of justice. As human beings started coming out of period of ignorance and darkness, achievement of justice had been considered necessary. Even almost all religions are based on administration of justice arid one of their objects is to provide justice. With the passage of time, it had been decided that law should be enforced indiscriminately, violators of law and rights should be punished and remedy should be provided against violation of law and rights. All these decisions had been made to avoid and check lawlessness in human society. 

To achieve these objects, administration of justice has been evolved on strong basis, and scholars have suggested that it is state, which is responsible for establishing administration of justice on strong basis, and cooperation of people is necessary for fulfilling this responsibility. 

(2) Definition Of Administration Of Justice:-

 Salmond describes that the administration of-justice implies the maintenance of rights within a political community by means of the physical force of the state. Similarly Raja Syed Akber narrates that the administration of justice is the civilized substitute for private vengeance and retribution. It means that maintenance of rights in political community by physical force of the state is administration of justice.

(3) Necessity Of Administration Of Justice:- 

In primitive ages of human history, human beings were free to take revenge of all damages, which were done against them. Such freedom led human beings to further drastic destruction and never proved convenient for achievement of justice in its true sense. Therefore, it was realized with the passage of time that there should be some substitute for this freedom of revenge and eventually concept of administration of justice was developed. The following factors led to origin and necessity of this realization.

 a) Interests and desires of human beings

b) Need for a sovereign

 c) Checking of wrong doings and relief against injustice 

a) Interests And Desires Of Human beings:- By nature, human beings are influenced by their interests and desires, and it is also a reality that interests and desires of one human being, sometimes, conflict with those of other human beings. Such conflicting interests and desires usually lead to struggle and fighting among human beings against one another. And this struggle and fighting creates anarchy in human society. 

To check such tendency among human beings, it is necessary to have a power so as to safe human being interests and rights against those of other human beings. And this can only be achieved through administration of justice. 

b) Need For A Sovereign:- In a situation of conflicting interests and desires, there is great possibility of occurrence of repeated violations of law. To curb such violations, a sovereign is needed to make and enforce law for maintenance of human beings interests and desires and for imposing punishment upon violators of law. And this can be achieved through administration of justice. 

c) Checking Of Wrong doings And Relief Against Injustice:- If wrong doings are not checked in society and relief is not provided against wrong doings, emotions of revenge and retaliation emerge strongly among human beings. For this reason, basic aim of law is to check wrong doings of human beings against one another and to provide justice against wrong doings. And this can only be achieved through administration of justice. 

Kinds Of Administration Of Justice:- Besides other kinds, administration of justice is divided into two main kinds and these kinds are:

 (1) Civil administration of justice or civil justice

 (2) Criminal administration of justice or criminal justice 

(1) Definition Of Civil Administration Of Justice Or Civil Justice:- All those matters, which are about personal or private life of a person, are of civil nature and civil rights are born out of such matters. Violations are being committed against civil matters and rights, and administration of justice by which proceedings are conducted against such violations and remedy is provided against such violations, is called civil administration of justice. It means that civil administration of justice deals with civil proceedings so as to regulate civil matters and to enforce civil rights. 

(l-a) Purposes Of Civil Administration Of Justice:- Followings are main purposes of civil administration of justice:

 a) Enforcement of law and checking of lawlessness

 b) Achievement and providing of justice

 c) Maintenance and enforcement of civil rights

 d) Checking of violations of civil rights

 e) Providing remedies against violations of civil rights 

a) Enforcement Of Law And Checking Lawlessness:- One of basic purposes of civil administration of justice is to enforce law so as to check lawlessness in society. If law is not enforced indiscriminately to all sections of society, honour and property of people cannot be protected and factors like dissatisfaction, breach of peace etc penetrate into whole society, and such situation eventually leads to lawlessness in society. 

b) Achievement And Providing Of Justice:- The most prominent purpose of civil administration of justice is to provide justice. 

c) Maintenance and Enforcement of Civil Rights:- Maintenance and enforcement of civil rights are another object of civil administration of justice. Through maintaining and enforcing of civil rights, civil administration of justice also paves a way for protection of civil rights. 

d) Checking Of Violations Of Civil Rights:- Another purpose of civil administration of justice is to check violations of civil rights. This purpose also remains helpful in protecting the civil rights. 

e) Providing Remedies Against Violations of Civil Rights:- Providing remedies against violations of civil rights is also one of basic aims of civil administration of justice. 

(2) Definition Of Criminal Administration Of Justice Or Criminal Justice:- There are some matters and rights, which are about public, and violations against such matters and rights are of criminal nature. Administration of justice, through which proceedings are conducted against such violations and remedy is provided against such violations, is called criminal administration of justice. It means that criminal administration of justice deals with criminal proceedings so as to regulate public matters and rights and to punish wrong doers in respect of these matters and rights; 

(2-a) Purposes Of Criminal Administration Of Justice:- Followings are main purposes of criminal administration of justice:

 a) Enforcement of law and checking of lawlessness

 b) Achievement and providing of justice

 c) Maintenance and enforcement of public rights

 d) Checking of violations of public rights

 e) Providing remedies against violations of public rights

 f) Punishment 

a) Enforcement Of Law And Checking Lawlessness:- One of basic purposes of criminal administration of justice is to enforce law so as to check lawlessness in society. If law is not enforced indiscriminately to all sections of society, honour, lives and property of people cannot be protected and factors like dissatisfaction, breach of peace etc. penetrate into whole society, and such situation eventually leads to lawlessness in society. 

b) Achievement And Providing Of Justice:- The most prominent purpose of criminal administration of justice is to provide justice. 

c) Maintenance And Enforcement of Public Rights:- Maintenance and enforcement of public rights are another object of criminal administration of justice. Through maintaining and enforcing of public rights, criminal administration of justice also paves a way for protection of public rights. 

d) Checking Of Violations Of Public Rights:- Another purpose of criminal administration of justice is to check violations of public rights. This purpose also remains helpful in protecting the public rights. 

e) Providing Remedies Against Violations Of Public Rights:- Poviding remedies against violations of public rights is also one of basic aims of criminal administration of justice. 

f) Punishing Wrong Doers:- One of main objects of criminal administration of justice is to punish usurper whenever law is violated and public rights of someone are damaged. 

(4) Difference Between Civil And Criminal 

Administration Of Justice:- There exists some differences between civil and criminal Administration of justice, and these differences are:

 (i) Different Objects

 (ii) Different remedies

 (iii) Different proceedings

 (iv) Different courts

 (v) Different decisions

 (vi) Different parties

 (vii) Different matters

 (viii) Different violations

 (ix) Different intensity of violations 

(i) Different Objects:- Object of civil administration of justice is to enforce personal or private rights while object of criminal administration of justice is to punish wrong doer in respect of public matters and rights. 

(ii) Different Remedies:- Civil administration of justice provides remedy just for one or few persons against violations of personal or private rights whereas criminal administration of justice provides remedy for whole of society against violations of public matters and rights. 

(iii) Different Proceedings:- Proceedings, which are initiated under civil administration of justice, are of civil nature, but proceedings, which are initiated under criminal administration of justice, are of criminal nature. 

(iv) Different Courts:- Civil proceedings are conducted before Civil Courts while criminal proceedings are conducted before Criminal Courts. 

(v) Different Decisions:- Civil proceedings result in judgment or decree whereas Criminal proceedings result in punishment or fine or both. 

(vi) Different Parties:- Private individuals like plaintiff and defendant are parties in civil proceedings, but state and accused are parties in criminal proceedings. 

(vii) Different Matters:- Civil administration of justice deals with civil matters while criminal administration of justice deals public matters. 

(viii) Different Violations:- Civil proceedings are conducted against those violations, which are committed against personal or private matters and rights whereas criminal proceedings are conducted against those violations, which are committed against public matters and rights. 

(ix) Different Intensity Of Violations:- Violations against personal or private matters and rights are less harmful but violations against public matters and rights are more harmful. 

(5) Conclusion:- 

It can be concluded that foundations of a state are threatened and, in fact, can be demolished if violators of law and the usurper are not checked and punished. It is only administration of justice, whether civil administration of justice or criminal administration of justice, which paves a way for enforcement of law without any discrimination, and which protects civil as well as public rights and in this way, administration of justice helps to check lawlessness in human society.