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Leading cadres who borrow money and fail to repay party discipline are generally not dealt with, and they can still directly sue the court if they owe money. However, it is necessary to collect relevant evidence and submit a complaint for filing a lawsuit. The evidence to be submitted for prosecution includes:
1. Loan agreement or IOU. 2. If there is a guarantor in the loan relationship, the evidence of the guarantee. 3. Proof of delivery and receipt of money by both the borrower and the borrower.
4. Proof of the purpose of the debtor's borrowing, etc.
Legal analysisThe money owed is not still a civil dispute, so it can be resolved by the creditor to the court. (1) The general procedure for prosecution is as follows: 1. Write the indictment; 2. Bring evidence and indictment to the court to file a case and pay the litigation fee; 3. After the court reviews and determines the acceptance, it will be heard; 4. Court judgment; 5. Enforcement of judgments.
2) The evidence to be submitted for prosecution includes: (1) loan agreement or IOU; 2. If there is a guarantor in the loan relationship, the evidence of the guarantee. 3. Proof of delivery and receipt of money by both the borrower and the borrower. 4. Proof of the purpose of the debtor's borrowing, etc. Evidence includes IOUs, audio recordings, payment vouchers, etc., and the IOUs must be original and cannot be altered or photocopied in any way.
If the date of repayment is indicated, the statute of limitations shall be within two years from the date of expiration of the IOU; If there is no repayment date, you can request repayment at any time, within two years from the date of the first recovery. After the court makes a judgment, if the other party cannot apply to the court for compulsory enforcement, the debtor can also be detained if it defaults maliciously.
Legal basisArticle 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.
Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.
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Hello, leading cadres borrow money and do not pay it back, if the money is not repaid, it is an old act, you can report it to the discipline inspection commission department, thank you.
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You can only urge them first and if they don't pay it back, they will also be dealt with accordingly, such as a warning.
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If a leading cadre fails to repay the money he has borrowed, it should be an economic problem and a personal quality problem, which can be resolved through legal means, and if he violates the law and party discipline, he will also be punished and expelled from the party.
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This situation is an act of dishonesty, which can be sued to the court for recovery, and if not, it can also be given a warning and other sanctions, depending on how to deal with it locally.
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If a leading cadre borrows money and does not repay it, you can sue and deal with it according to the law, and he will definitely be punished.
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It is a personal debt, and you can sue for recovery by virtue of the IOU, and there is no violation of party discipline.
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If a leading cadre borrows money and does not repay it, it is very difficult to count the scores, because this is a civil nine-point, and you can go to the court to sue the person who borrowed your money.
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If the leading cadres borrow money and do not repay it, how to punish it with party discipline, this must wait for the inheritance of this borrowed money to violate the financial crime.
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This is a personal situation, and it has nothing to do with party discipline, so don't just link a problem to party discipline.
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Leading cadres borrow money, this is a matter of human feelings, don't um, excessive. Deal with this matter.
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If a leading cadre fails to repay the money he borrows, he will be punished by party discipline, so depending on the amount of money he borrows, the grade of the assistant is also different.
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If it is a leading cadre who borrows money and does not repay it, then this can be reported.
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Don't wait for party discipline to deal with it, sue him directly, don't let this kind of leadership be arrogant.
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If it is only a private loan, it does not violate party discipline.
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Leading cadres and how to fight at close range without panic, we are sober and strictly deal with them with their actual situation.
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If a leading cadre borrows money and does not repay it, then it may not be possible to deal with him, first of all, you have to go to the court to file a lawsuit. See how the court decides?
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It depends on the amount.
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Legal analysis: In the event that a public official owes money and does not repay it, the creditor should keep the real evidence such as the arrears IOU, loan IOU, etc., and in the case that repeated reminders still fail, you can try to communicate with the leaders of their units and ask them to assist in collecting the debt. If it is still invalid, it must be filed with a court of competent jurisdiction within the statute of limitations.
Legal basis: Article 313 of the Criminal Law of the People's Republic of China: Where a people's court's judgment or ruling has the ability to be enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
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Legal Analysis: Discipline inspection cannot prosecute public officials for borrowing money. The following conditions must be met for a prosecution:
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.
Legal basis: Article 119 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, 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: Borrowing money in normal procedures is permitted, but gifts, cash gifts, consumption cards, valuables, equity, other financial products and other property that may affect the fair performance of official duties, and the circumstances are relatively minor, give a warning or serious warning; where the circumstances are more serious, they are to be removed from internal Party positions or placed on Party probation; where the circumstances are serious, they are to be expelled from the Party. Eggplant sleepy.
Basis of the law: Article 88 of the "Regulations on Disciplinary Sanctions of the Communist Party of China" Where gifts, cash gifts, consumption cards, valuable**, equity, other financial products and other property that may affect the fair performance of official duties are accepted, and the circumstances are relatively minor, a warning or serious warning is to be given; where the circumstances are more serious, sanctions of removal from internal Party positions or Party probation are to be given; where the circumstances are serious, they are to be expelled from the Party. Accepting other property that clearly exceeds the normal exchange of courtesies is to be handled in accordance with the provisions of the preceding paragraph.
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Legal Analysis: Depends on the circumstances. If the parties file a lawsuit with the court, and the court rules that Qingyou should pay off the debt, but refuses to enforce it, the party can apply for compulsory enforcement, then it is a compulsory repayment.
The property or tickets specified in the legal document for delivery shall be delivered in person by the executor summoned by both parties, or transferred by the executor, and signed by the person to be delivered. Where the relevant citizen is in possession of the property or ticket, the people's court shall notify him to hand it over. Those who refuse to hand over tomatoes shall be enforced.
Legal basis: Civil Procedure Law of the People's Republic of China Article 249: The executor shall summon both parties to deliver the property or tickets designated for delivery in legal documents, or the executor shall transfer them and the person to whom they are delivered shall sign for receipt. Where the relevant units are in possession of the property or tickets, they shall transfer them in accordance with the people's court's notice of assistance in enforcement, and the person to whom they are delivered shall sign for receipt.
If the citizen concerned holds the property or ticket, the People's Court of Law shall notify him to hand it over. where they refuse to hand it over, they are to be enforced.
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