Is it a civil dispute? Is it related to the police station? 5

Updated on society 2024-03-08
9 answers
  1. Anonymous users2024-02-06

    In the event of a brawl or other circumstance arising from a civil dispute, the public security bureau shall impose corresponding public security penalties on the party responsible or at fault in the dispute, depending on the circumstances: anyone who injures a person with a weapon or intentionally damages property shall be punished by public security detention or a public security fine as appropriate; Where both parties to the dispute are at fault and both meet the requirements for public security punishment, they must be punished separately according to the circumstances. Public security penalties do not affect the mediation of civil compensation.

    For the mediation of civil dispute cases, a written "mediation agreement" shall be drafted and signed by both parties to take effect. The "Conciliation Agreement" shall be filed for future reference. Those who are not satisfied with the mediation opinions of the public security police station shall be persuaded to go to the people's court to file a civil lawsuit.

    Handling of civil disputes: 1. Negotiation. 2. Mediation.

    The intervention of a third party induces mutual understanding and concession between the parties to the dispute, and finally resolves the conflict. 3. Arbitration. A dispute resolution mechanism in which disputes are referred to an arbitration institution and adjudicated by them.

    In the final arbitration system, if one party fails to perform the arbitral award, the other party may apply to the court for enforcement. 4. Litigation. A system in which one party submits a request to the court and the court adjudicates the dispute.

    Litigation is the final and most authoritative dispute resolution mechanism and the last barrier for parties to protect their rights.

  2. Anonymous users2024-02-05

    It is estimated that someone (probably the old man) went to the police station to report that the passbook money was stolen, in this case, your friend is a suspect, the police have the right to investigate, and your friend has the obligation to be truthful, but for the bank deposit, your friend has the right to refuse, and the police can ask the bank to provide it through the investigation procedures.

    As for the bad tone of the police, then there is nothing they can help, the police are like this, before determining whether a person is a criminal or not, the police have always regarded the suspect as a heinous villain, so I advise your friend to try to pretend to be pitiful and honest when the police interrogate, otherwise the more suspicious the police, the more they investigate.

  3. Anonymous users2024-02-04

    Legal Analysis: Yes. In civil disputes, first distinguish whose responsibility it is. You can find the neighborhood committee, the villagers' committee, etc. to mediate, and if the mediation fails, you can report the case to the police station to deal with it.

    Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 9: Where violations of the administration of public security such as fights or damage to other people's property caused by civil disputes are relatively minor, the public security organs may mediate and handle them. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given.

    Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute. According to the above provisions, in the case of relatively minor circumstances, mediation can be carried out, but not all cases should be mediated first. Orange locust.

  4. Anonymous users2024-02-03

    No.

    First of all, the agency that handles civil disputes is not a police station, and it is generally the judicial organ that mediates first to understand the reason, and cannot file a lawsuit with the court. Usually, when people see police officers at police stations receiving calls for civil disputes, they also call the police. In fact, after learning about the situation, they will still notify the parties to go to the corresponding department to deal with it, rather than the public security police directly handling the civil dispute.

    And if other illegal and criminal acts are caused by civil disputes, then the public security police will have to take care of it. For example, two families called the police because of a land dispute, quarreled and fought. After the public security police arrived at the current brigade confession site, they first understood the situation, controlled the parties at the scene, and then visited the insiders and transferred the nearby surveillance.

    Notify the parties to resolve the land dispute through court litigation.

  5. Anonymous users2024-02-02

    Legal analysis: Civil disputes do not fall within the jurisdiction of the police station, but if both parties are willing, they can also request the police station to mediate. The parties may settle the dispute through negotiation, and the two parties shall reach a settlement agreement through friendly consultation, mutual understanding and mutual concession on the basis of equality and voluntariness, so as to resolve the dispute.

    Civil disputes can be resolved by suing in court.

    Legal basis: Article 21 of the Civil Procedure Law of the People's Republic of China The people's court at the place where the defendant is domiciled has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction. The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.

    Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.

  6. Anonymous users2024-02-01

    Legal analysis: civil disputes do not go to the police station, nor do they go to the public security bureau, they need to go to the people's court to file a lawsuit.

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

    Article 3: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

    Article 119:Prosecution must meet the following requirements:

    1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

    2) There is a clear defendant;

    3) There are specific litigation claims, facts, and reasons;

    4) It is within the scope of civil litigation accepted by the People's Court of Chang and the people's court receiving the lawsuit has good jurisdiction.

  7. Anonymous users2024-01-31

    In principle, civil disputes do not fall within the jurisdiction of the police station, but if both parties are willing, they can also request the police station to mediate.

    1. How to deal with traffic accidents in the community.

    Because the roads in the community are generally mainly for the residents of the community, they are not open to the public, they are not public, they are non-roads, they do not belong to the roads referred to in the road traffic regulations, and the traffic accidents that occur in the urban community do not belong to road traffic accidents. Traffic accidents on the roads in the community shall, in principle, be regarded as ordinary civil torts, which do not fall within the jurisdiction and responsibilities of the traffic management department of the public security organs, and belong to the scope of acceptance by the police station in the jurisdiction. The matter of compensation for damages shall be resolved by the parties through consultation, and if the negotiation fails, a civil lawsuit may be filed with the people's court in accordance with law.

    2. Is there a criminal record in a civil dispute?

    There will be no case record for civil disputes. 1. Civil disputes are only recorded in the police station for inquiries or mediation, not for case records. 2. If there is a criminal record, it is a criminal case.

    3. If a civil dispute rises to a criminal case, the case must be recorded. A criminal record generally refers to a person's record of past offenses or criminal acts. Also known as the criminal record system for criminal personnel, in Chinese law, it generally refers to the file record of having a criminal record, and the criminal file is generally stored in the public security department for preservation.

    Criminal records are kept permanently and can be queried in the public security organ's system network at any time.

    3. Can a police station file a case for 1,000 yuan?

    The police station can not file a case for 1,000 yuan, and the money owed is a civil case, and generally the first person will mediate and will not file the case, it is recommended to file a lawsuit in the people's court, and the prosecution must meet the following conditions:

    1. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

    2. There is a clear defendant;

    3. There are specific litigation claims, facts and reasons;

    4. It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

    Article 9 of the Law of the People's Republic of China on Public Security Administration Punishments provides that the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given. Where no agreement is reached through mediation or no performance is made after reaching an agreement, the public security organs shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit in the people's court in accordance with the law on the civil dispute.

  8. Anonymous users2024-01-30

    Legal Analysis: Yes. In civil disputes, first distinguish who is responsible. If the mediation fails, you can report the case to the police station to deal with it.

    Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 9: Where violations of the administration of public security such as fights or damage to other people's property caused by civil disputes are relatively minor, the public security organs may mediate and handle them. Where the public security organs mediate and the parties reach an agreement, punishment is not to be given.

    Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit with the people's court in accordance with law regarding the civil dispute. According to the above provisions, mediation can be handled in cases where the circumstances are relatively minor, but not all cases should be mediated first.

  9. Anonymous users2024-01-29

    Legal analysis: In principle, disputes over civil demolition do not fall within the jurisdiction of the police station, but if both parties are willing, they can also request the police station to mediate.

    Legal basis: Law of the People's Republic of China on Public Security Administration Punishments Article 9: Where the circumstances are minor, the public security organs may mediate and handle violations of the administration of public security, such as fighting or damaging other people's property caused by civil disputes.

    Where, after mediation by the public security organs, the parties reach an agreement to make a simple decision, they are not to be punished.

    Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.

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