刑事

xíngshì: 刑事 - Criminal, Penal

Quick Summary

  • Keywords: 刑事, xingshi, Chinese law, criminal case, criminal law, penal code, legal Chinese, 刑事案件, 刑事责任, what does xingshi mean, criminal vs civil in Chinese
  • Summary: 刑事 (xíngshì) is a fundamental legal term in Chinese meaning “criminal” or “penal.” It is used to classify matters related to crime and its punishment, distinguishing them from civil disputes (民事). This page breaks down the characters of 刑事, explores its usage in key phrases like “criminal case” (刑事案件) and “criminal liability” (刑事责任), and provides practical examples to help learners understand the basics of the Chinese legal vocabulary.

Core Meaning

  • Pinyin (with tone marks): xíngshì
  • Part of Speech: Adjective, Noun
  • HSK Level: HSK 6
  • Concise Definition: Pertaining to crime or its punishment; criminal.
  • In a Nutshell: “刑事 (xíngshì)” is the official label for anything related to the world of crime in a legal sense. If an act is serious enough to be considered a crime against the state or society (like theft, assault, or murder), it falls under the “刑事” category. It is the direct opposite of “民事” (mínshì), which deals with “civil” disputes between individuals, like contract disagreements or divorce.

Character Breakdown

  • 刑 (xíng): This character's ancient form depicted a person being punished or restrained. Its core meaning is “punishment,” “penalty,” or “sentence.” It immediately brings a sense of severity and legal consequence.
  • 事 (shì): This character means “matter,” “affair,” “incident,” or “business.” It's an extremely common character that refers to any kind of event or situation.
  • By combining “punishment” (刑) and “matter” (事), the term 刑事 (xíngshì) literally translates to “punishment matters” or “penal affairs.” This logically and precisely describes the entire domain of legal issues that involve punishment by the state.

Cultural Context and Significance

  • In modern China, the legal system, and particularly criminal law, is viewed as a primary tool for maintaining social order and stability. The term 刑事 carries significant weight, implying a serious transgression not just against an individual victim, but against the harmony of society and the authority of the state.
  • Comparison to Western Concepts: While “criminal” is a direct translation, the cultural emphasis differs slightly. In many Western legal traditions, the narrative of a criminal case strongly emphasizes the protection of individual rights against the power of the state (e.g., the presumption of innocence). In the Chinese context, while legal rights are codified, the cultural undertone of a 刑事案件 (xíngshì ànjiàn), or criminal case, often focuses more on the disruption of the collective good and the state's duty to restore order. The crime is seen as an offense against society itself.
  • This distinction reflects a broader cultural value placed on collective harmony over pure individualism. Therefore, facing a 刑事 charge in China is a profoundly serious matter, impacting not only the individual but also their family and social standing.

Practical Usage in Modern China

  • 刑事 is a formal, technical term. You will almost exclusively encounter it in official or serious contexts.
    • Legal and Official Documents: Court filings, police reports, and legal statutes.
    • News Media: Reporting on crimes, arrests, and trials.
    • Formal Discussions: Academic or professional conversations about law and justice.
    • TV & Film: Police procedurals and legal dramas (e.g., 刑侦剧 - xíngzhēnjù - criminal investigation drama).
  • You would not use 刑事 in casual, everyday conversation. It is a specialized term with a very specific domain.
  • Common Collocations (Fixed Phrases):
    • 刑事案件 (xíngshì ànjiàn): A criminal case. This is the most common phrase using the term.
    • 刑事责任 (xíngshì zérèn): Criminal responsibility or liability.
    • 刑事法律 (xíngshì fǎlǜ): Criminal law.
    • 刑事诉讼 (xíngshì sùsòng): Criminal proceedings or litigation.
    • 刑事拘留 (xíngshì jūliú): Criminal detention (a specific type of pre-trial detention).

Example Sentences

  • Example 1:
    • 这是一起非常复杂的刑事案件。
    • Pinyin: Zhè shì yī qǐ fēicháng fùzá de xíngshì ànjiàn.
    • English: This is a very complex criminal case.
    • Analysis: This is a standard sentence you would hear in a news report or a legal drama. 刑事 acts as an adjective modifying 案件 (case).
  • Example 2:
    • 他因涉嫌诈骗而被追究刑事责任。
    • Pinyin: Tā yīn shèxián zhàpiàn ér bèi zhuījiū xíngshì zérèn.
    • English: He is being held criminally responsible for suspected fraud.
    • Analysis: Here, 刑事责任 (criminal responsibility) is a set legal concept. The structure “因…而…” means “because of…therefore…”.
  • Example 3:
    • 那位律师的专长是刑事辩护。
    • Pinyin: Nà wèi lǜshī de zhuāncháng shì xíngshì biànhù.
    • English: That lawyer's specialty is criminal defense.
    • Analysis: 刑事 modifies 辩护 (defense) to specify the type of legal practice.
  • Example 4:
    • 警方正在调查这起刑事毁坏案。
    • Pinyin: Jǐngfāng zhèngzài diàochá zhè qǐ xíngshì huǐhuài àn.
    • English: The police are investigating this case of criminal damage.
    • Analysis: This demonstrates how 刑事 can be combined with a specific crime (毁坏 - damage) to form a legal charge.
  • Example 5:
    • 学习刑事法律需要很强的逻辑思维能力。
    • Pinyin: Xuéxí xíngshì fǎlǜ xūyào hěn qiáng de luójí sīwéi nénglì.
    • English: Studying criminal law requires strong logical thinking skills.
    • Analysis: A straightforward example showing 刑事法律 as a field of study.
  • Example 6:
    • 嫌疑人目前正处于刑事拘留期间。
    • Pinyin: Xiányírén mùqián zhèng chǔyú xíngshì jūliú qījiān.
    • English: The suspect is currently under criminal detention.
    • Analysis: 刑事拘留 is a specific legal status, distinct from other forms of detention.
  • Example 7:
    • 他的行为已经构成了刑事犯罪。
    • Pinyin: Tā de xíngwéi yǐjīng gòuchéng le xíngshì fànzuì.
    • English: His actions already constitute a criminal offense.
    • Analysis: This is a very formal way of saying “he committed a crime.” 刑事犯罪 is a legal term for a criminal act.
  • Example 8:
    • 法院将对他进行刑事审判。
    • Pinyin: Fǎyuàn jiāng duì tā jìnxíng xíngshì shěnpàn.
    • English: The court will conduct a criminal trial against him.
    • Analysis: 刑事审判 (criminal trial) is the formal legal proceeding.
  • Example 9:
    • 民事纠纷和刑事案件的处理方式完全不同。
    • Pinyin: Mínshì jiūfēn hé xíngshì ànjiàn de chǔlǐ fāngshì wánquán bùtóng.
    • English: The way civil disputes and criminal cases are handled is completely different.
    • Analysis: This sentence directly contrasts 刑事 with its opposite, 民事 (mínshì - civil), which is a crucial distinction for learners.
  • Example 10:
    • 根据《刑事诉讼法》，被告有权委托辩护人。
    • Pinyin: Gēnjù “Xíngshì Sùsòng Fǎ”, bèigào yǒu quán wěituō biànhùrén.
    • English: According to the “Criminal Procedure Law,” the defendant has the right to appoint a defender.
    • Analysis: Shows the term used in the title of a major piece of legislation, highlighting its formality and importance.

Nuances and Common Mistakes

  • “Criminal” (adjective) vs. “A Crime” (noun): This is the most common pitfall.
    • 刑事 (xíngshì) is the adjective or category. It describes the *type* of case, law, or responsibility.
    • 犯罪 (fànzuì) is the noun for “a crime” or the verb “to commit a crime.” It is the *act* itself.
    • Incorrect: `他做了一个刑事。` (He did a criminal.) This is grammatically incorrect and makes no sense.
    • Correct: `他犯了罪 (fàn le zuì)，所以这是一个刑事案件 (xíngshì ànjiàn)。` (He committed a crime, so this is a criminal case.)
  • Describing a Person: You cannot use 刑事 to describe a person.
    • Incorrect: `他是一个刑事人。` (He is a criminal person.)
    • Correct: `他是一个罪犯 (zuìfàn)。` (He is a criminal/convict.)
    • Note: In slang, 刑事 can sometimes be short for 刑警 (xíngjǐng), a criminal police officer/detective. However, learners should avoid this usage as it can cause confusion.

Related Terms and Concepts

  • 民事 (mínshì) - Civil (law). The direct counterpart to 刑事, dealing with private disputes between individuals or organizations.
  • 犯罪 (fànzuì) - To commit a crime; a crime. The specific act that leads to a 刑事案件.
  • 法律 (fǎlǜ) - Law. The broader category under which 刑事法律 (criminal law) is a major branch.
  • 刑警 (xíngjǐng) - Criminal police; detective. A specific type of police officer who investigates 刑事 crimes.
  • 法院 (fǎyuàn) - Court of law. The institution where 刑事 trials take place.
  • 律师 (lǜshī) - Lawyer. A legal professional who may specialize in 刑事辩护 (criminal defense).
  • 罪犯 (zuìfàn) - A convicted criminal. The person found guilty in a 刑事案件.
  • 案件 (ànjiàn) - A (legal) case. A general term that is often specified as either 刑事案件 or 民事案件.
  • 责任 (zérèn) - Responsibility; duty; liability. Combined with 刑事, it forms the key legal concept of “criminal liability.”
  • 起诉 (qǐsù) - To prosecute; to sue. The formal act of bringing a 刑事 case against a suspect.