Civil disputes rise to criminal cases? Civil disputes escalate to criminal cases

Judging from the current situation, it is still a civil case.

First of all, you are the landlord, and the ownership and management of the solar energy on the roof belongs to the landlord, so the damage caused should be borne by the landlord.

It is necessary to negotiate, and if the negotiation fails, let the other party go to the court to sue.

This is a civil dispute in itself, how can it rise to a criminal case?

If you are the head of the house, you will definitely be held liable for the loss of others due to damage to the house facilities!

As for the division of responsibility, it needs to be clarified here that the head of the household should first negotiate with the injured person, which is the direct two parties responsible for the incident;

Next, the householder negotiates with the property or tenant to determine the liability.

If you don't negotiate, it means that the house and facilities have nothing to do with you, but in fact you are indeed the party and can't avoid it.

You are the owner of the house, and you are fully responsible for smashing someone else's car with your stuff. As for the dispute between you and the construction team or the property, it will need to be resolved separately.

The right to use your house and the loss caused by the hanging objects of the house are two different things, the other party forcibly occupies the house and infringes on your house ownership, you can call the police, and inform the other party in writing such as paper, SMS, WeChat and other written means that you can claim the occupancy fee, etc.

First of all, you, as the landlord, if you want the property to install solar energy, then you are liable for compensation, and the tenant is not responsible. If you can prove that the damage was caused by the improper operation of the property, you can recover from the property.

However, it should be difficult to adduce evidence in this recovery lawsuit.

Where a criminal case is discovered in a civil case, the court shall rule to suspend the trial, transfer the criminal leads to the relevant public security organs or procuratorates, and wait for the conclusion of the criminal procedure before resuming the trial. According to the law, it is necessary to suspend the litigation in the case where "the case must be based on the outcome of the trial of another case, and the other case has not yet been concluded".

Article 104 of the Criminal Procedure Law of the People's Republic of China: Attached civil litigation shall be tried together with criminal cases, and only in order to prevent excessive delay in the trial of criminal cases can the same trial organization continue to hear attached civil litigation after the trial of the criminal case.

Legal Analysis: 1. Civil cases will not be directly converted into criminal cases. In the course of the trial of a civil case, the participants in the litigation may be held criminally liable for violating the litigation and enforcement procedures, but this kind of criminal case is not a transformation of a civil case.

In the course of hearing a civil case, if the court discovers that the source of the malpractice has committed a crime, it may directly transfer it to the relevant department for investigation.

2. The parties concerned may report the case to the judicial organs, and if it falls within the scope of criminal private prosecution, they may prosecute separately for the criminal part.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 112: Where parties maliciously collude with each other in an attempt to infringe upon the lawful rights and interests of others through litigation, mediation, or other means, the people's courts shall reject their requests and impose fines or detention based on the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Summary. Hello dear! Civil disputes, also known as civil disputes, are a type of legal dispute and social dispute.

Hello dear! Civil disputes, also known as civil disputes, are a type of legal dispute and social dispute.

Hello dear! The so-called civil dispute refers to a social dispute (disposable) that occurs between equal subjects and has civil rights and obligations as its content.

Hello dear! It is possible for an economic dispute to be turned into a criminal case.

Hello dear! For example, in a contract fraud case, if the victim does not know that the perpetrator's behavior is contract fraud, but only goes to the court to file a civil lawsuit and loses the lawsuit and asks him to perform the contract, and then finds that the person has no ability to perform the contract at the time of signing the contract, but only to defraud others of their property, then the victim can report the case to the public security organ and turn the case into a criminal case.

Hello, dear, the following is the relevant legal basis I found: Article 224 of the Criminal Law has any of the following circumstances, for the purpose of illegal possession, in the process of signing or performing a contract, defrauding the other party's property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property: (1) signing a contract with a fictitious unit or fraudulently using the name of another person; (2) Using forged, altered, or invalid bills or other false property rights certificates as security; (3) Where there is no actual ability to perform, and the other party is deceived into continuing to sign and perform the contract by first performing a small contract or partially performing the contract.

Criminal cases refer to cases in which a criminal suspect or defendant is accused of violating social relations protected by the Criminal Law, and the state files a case for investigation, trial, and gives criminal sanctions in order to pursue the criminal responsibility of the criminal suspect or defendant. Cases of civil and civil associations refer to cases in which civil disputes between private individuals are heard.

Article 3 of the Criminal Law of the People's Republic of China If it is a criminal act as expressly provided for by law, it shall be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced. Article 4 of the Criminal Law of the People's Republic of China: All persons who commit crimes are equal in the application of the law. No one is allowed to have the privilege of going beyond the law.

Article 5 of the Criminal Law of the People's Republic of China: The severity of the punishment shall be commensurate with the crime committed and the criminal responsibility borne by the criminal.