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It didn't work. Public security organs must not interfere in economic disputes beyond their authority, and will not accept them even if they report to the police.
Notice on the issuance of the "Several Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Handling of Economic Crime Cases by Public Security Organs".
Article 2: Public security organs handling cases of economic crimes shall persist in placing equal emphasis on punishing crimes and protecting human rights, on substantive justice and procedural fairness, and on verifying crimes and recovering losses, strictly distinguishing the boundaries between economic crimes and economic disputes, and must not abuse their authority or derelict their duties.
Methods of Dealing with Economic Disputes:
1. If a contract is signed, it shall be resolved according to the dispute resolution method concluded in the contract; If no dispute resolution method is concluded, the agreement may be reached afterwards; If it cannot be reached afterwards, it may file a lawsuit or arbitrate.
2. If there is no contract, it can be settled; You can also collect evidence, go to the court to file a lawsuit, and let the court make a judgment or let the court mediate.
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You're in the know he's not going to pay it back. The statute of limitations has expired if a lawsuit is not prosecuted within two years. It is equivalent to giving up this debt.
Therefore, if you can't reach an agreement with your friend, you have to sue immediately. It's useless to call the police, you have to sue. Your ticket is dropped, and the pawn shop will have a stub.
If you have money, you can still redeem it. So be sure to sue quickly.
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This situation is very bad for you. It is advisable to go through the legal route (but this makes him feel more threatened than going to his parents). It is useless to call the police, the police will try to persuade him to pay back the money, and finally let you go through the legal route. It's best to find a way to get the car out first and then go through the legal route.
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It is useless to call the police, this is an economic dispute, and it can only go through the judicial process, and it will not be accepted.
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Keep the IOU and then you can go through the legal process to prosecute.
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Sue him directly for this problem, and it will only cost 20 yuan to sue him, and it will be half price to sue him during the Chinese New Year, and it will not work to find the police.
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If you can, you can consult Mr. Li: 13052200078 He may be able to help you solve it.
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Legal analysis: It is useless to call the police for economic disputes. Public security organs must not interfere in economic disputes beyond their authority, and will not accept them even if they report to the police.
In handling economic disputes, if a contract is signed, it shall be resolved in accordance with the dispute resolution method for the conclusion of the contract; If there is no way to resolve the dispute, the agreement may be reached afterwards; If it cannot be reached afterwards, it may be resolved through litigation or arbitration.
Legal basis: Article 2 of the Notice on the Several Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Handling of Economic Crime Cases by Public Security Organs.
Public security organs handling cases of economic crimes shall persist in placing equal emphasis on punishing crimes and protecting human rights, placing equal emphasis on substantive fairness and procedural fairness, and paying equal attention to verifying crimes and recovering losses, strictly distinguishing the boundaries between economic crimes and economic disputes, and must not abuse their authority or derelict their duties.
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1. Is it useful to report economic disputes?
1. The economic dispute alarm does not work. Economic disputes are civil and under the jurisdiction of the court, and they can be called to the police, but only mediation, mediation needs to be voluntary and negotiated by both parties. If one party is unwilling to mediate, or if the mediation fails, the parties will no longer mediate, and the parties will file a lawsuit in the court on their own.
2. Legal basis: Article 122 of the Civil Procedure Law of the People's Republic of China.
The following conditions must be met for a prosecution:
1) The plaintiff is a citizen, a 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.
2. What is the process of litigation for economic disputes?
The process of litigation in economic disputes is as follows:
1. When a party files a lawsuit, it shall first submit a statement of indictment, and submit a corresponding number of copies according to the number of opposing parties;
2. According to the principle that the claimant shall present the evidence, the plaintiff shall submit relevant materials to the court;
3. When a party submits documentary evidence to the hidden bureau of the court, it shall fill in a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted;
4. Within seven days after the parties have performed the necessary formalities and submitted all relevant evidentiary materials, the case filing division shall handle the formalities for filing the case with remorse and remorse if the conditions for case filing are met, and rule not to accept the case if the conditions for case filing are not met in accordance with law;
5. After the case is filed, the case will be scheduled by the court, and the parties shall obey the court's work arrangements, and settle the litigation costs in the financial office after the case is concluded.
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Economic disputes are civil and subject to the jurisdiction of the courts. You can call the police, but only do mediation, mediation needs to be voluntary by both parties, and negotiate on their own. If one party is unwilling to mediate, or the mediation fails, Yuanxin** will not mediate. It is up to the parties to file a lawsuit in court on their own.
Legal basis: Article 110 of the Civil Procedure Law of the People's Republic of China Article 9 A lawsuit 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.
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Legal Analysis:1Be calm and reasonable, report the location of the incident, don't panic, explain the incident and location clearly, if you can't figure out the house number, you can say that you can attach a landmark building or store signage, etc.; 2.
Stabilize emotions and describe clearly: You must be clear in your words, don't cry and cry, which will affect your speaking state, and your expression will be more envious, so it will be difficult to help you. 3.
Keep communication tools open and easy to contact.
Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.
Criminal Procedure Law of the People's Republic of China》 Article 19: The investigation of criminal cases is to be conducted by the public security organs, except as otherwise provided by law. The people's procuratorate may file a case for investigation if the people's procuratorate discovers in the course of exercising legal supervision of litigation activities that judicial personnel abuse their authority to commit crimes that infringe on citizens' rights or harm judicial fairness, such as illegal detention, extortion of confessions by torture, or illegal searches. When it is necessary for the people's procuratorate to directly accept cases of major crimes committed by employees of state organs under the jurisdiction of public security organs abusing their authority, the people's procuratorate may file and investigate the case upon the decision of the procuratorate at the provincial level or above.
Private prosecution cases are to be directly accepted by the people's courts.
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It is useless to call the police for economic disputes. Public security organs must not exceed their authority to interfere in disputes over economic and financial matters, and will not accept them even if they report to the police. In handling economic disputes, if a contract is signed, it shall be resolved in accordance with the dispute resolution method for the conclusion of the contract; If no dispute resolution method is concluded, the agreement may be reached afterwards; If it cannot be reached afterwards, it can be resolved through litigation or arbitration.
Legal basis: Article 2 of the Notice on the Several Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Handling of Economic Crime Cases by Public Security Organs.
Public security organs handling cases of economic crimes shall persist in placing equal emphasis on punishing crimes and protecting human rights, on substantive justice and procedural fairness, and on verifying crimes and recovering losses, strictly distinguishing the boundaries between economic crimes and economic disputes, and must not abuse their authority or derelict their duties.
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Calling the police for economic disputes does not work. Economic disputes are civil and subject to the jurisdiction of the courts. It is up to the parties to file a lawsuit in court on their own.
If the economic dispute is mixed with other illegal facts, it violates the criminal law of Gaoliang, such as contract fraud. Criminal responsibility should be pursued in accordance with the law, and the public security organs will only accept it if they report to the police several times. Generally, the following conditions must be met to file a lawsuit in court:
The plaintiffs are citizens, legal persons, and other organizations that have an interest in the case; There is a clear defendant; There are specific claims, facts, and reasons; It is within the scope of civil litigation accepted by the people's courts and the jurisdiction of the people's court receiving the lawsuit. It should be noted that if the subject matter of the litigation is not large, it is necessary to consider whether the litigation cost is cost-effective, after all, litigation is a time-consuming and energy-consuming matter. The above is my answer to this question, I hope it helps you, thanks.
Legal basisArticle 119 of the Civil Procedure Law of the People's Republic of China must meet the following conditions: (1) the plaintiff is a citizen, legal person or other organization with 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.
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