Economic disputes: 40,000 yuan can be sentenced if you are unable to repay it

There are two types of economic disputes: one is economic contract disputes, such as sales contract disputes, loan contract disputes, contract contract disputes, construction project contract disputes, technical contract disputes, etc.; second, economic infringement disputes; Such as intellectual property infringement disputes, ownership infringement disputes, management right infringement disputes, etc. In the market economy, the contract is a legal and universal form for equal market entities to establish a trading relationship, jointly carry out trading behaviors, and pursue and achieve economic goals, so contract disputes are the main part of economic disputes.

Pure economic disputes belong to the category of civil cases, and there is no criminal problem, so there is no such thing as imprisonment; If there are other illegal facts mixed with the economic dispute and the criminal law is violated, criminal responsibility shall be investigated in accordance with the law, and imprisonment may be imposed, depending on the circumstances of the case. For example, for the crime of contract fraud as provided for in the Criminal Law, where a fictitious unit or another person fraudulently signs a contract, etc., and for the purpose of illegal possession, defrauds the other party's property in the course of signing or performing a contract, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention and/or a fine is to be given; 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. Legal basis:

Article 224 of the Criminal Law of the People's Republic of China provides that in any of the following circumstances, in the course of signing or performing a contract, the other party's property is obtained by fraud for the purpose of illegal possession, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, 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 tricked into continuing to sign and perform the contract by first performing a small contract or partially performing the contract; (4) Fleeing after receiving goods, payment, advance payment or secured property from the other party; (5) Using other methods to defraud the other party's property.

Economic disputes are only civil liability, and generally will not go to prison, and if the debtor is really unable to repay the debt, it can be deferred or repaid in installments through negotiation with the creditor.

Reference law: Article 108 of the General Principles of the Civil Law stipulates that "debts shall be repaid. If it is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.

Hello, if the criminal law is not applicable in the case of civil economic disputes.

Your question is simple, but it's not simple. Economic disputes are ordinary civil disputes, and generally do not give rise to criminal issues. But it's still possible:

The crime of refusing to enforce a judgment or ruling. The crime of refusing to enforce a judgment or ruling refers to the refusal to enforce a judgment or ruling of a people's court where the circumstances are serious. This means that when the debtor deliberately fails to enforce the judgment or ruling of the court, the criminal penalty will be triggered if the circumstances are serious.

It is recommended that you negotiate first, after all, civil disputes are still valued by peace, and they should be negotiated privately. If it really doesn't work, go to the court to file a lawsuit, wait for the court's favorable judgment, and then apply to the court for enforcement. There is always one thing to pay attention to in all processes:

Be sure to keep the evidence, and pay more attention to the evidence, because the evidence is the most important.

If you really have difficulties, you can negotiate with someone else to set a date and write a note! Sometimes you have to be a little affectionate!

Enforce in or in the Court of Appeal!

The economic dispute is 40,000 yuan, and there is indeed no ability to repay, and the court will not sentence it.

Scope of arbitration of economic disputes: The scope of economic arbitration in China is very extensive. China's Arbitration Law stipulates that contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may apply for arbitration.

However, the following disputes cannot be arbitrated: (1) marriage, adoption, guardianship, maintenance, and inheritance disputes; (2) Administrative disputes that shall be handled by administrative organs in accordance with law. In addition, since labor disputes and agricultural contract disputes within rural collective economic organizations are different from ordinary economic contract disputes, each of them has the characteristics of self-judgment, so the arbitration of labor disputes and agricultural contract disputes within rural collective economic organizations is provided for separately and does not fall within the scope of acceptance of the Arbitration Law.

Generally, in economic disputes, it is possible to obtain the consent of the creditor and pay the debt in installments. If the debtor has the ability to repay but refuses to repay, then the debtor has the right to apply for enforcement. According to Article 236 of the Civil Procedure Law of the People's Republic of China, the parties must perform on legally effective civil judgments and rulings.

If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. If it is a business, it is necessary to file for bankruptcy and go into bankruptcy liquidation. Bankruptcy refers to when all the assets of the debtor are not used to pay off the debts due, the creditor will compensate all the debtor's assets through a certain procedure, so that the debtor can be exempted from other debts that cannot be discharged, and the court will declare bankruptcy and dissolve.

Therefore, generally speaking, if you are really unable to repay the arrears, then you will not be sentenced.

If it is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court. Where they have the ability to repay and refuse to repay, the People's Court is to make a judgment to compel repayment. 1. It is necessary to apply for compulsory enforcement, and you cannot give up your rights because the other party may not have money.

2. The premise of enforceability is that the court judgment wins the case and the judgment takes effect. The court will find out the property in the name of the other party, if it is a company, it is a company account, in-kind contributions, etc., and the property will be wider, including real estate, Jane account, **, vehicles, etc. Article 178 of the Civil Code of the People's Republic of China.

If the debtor is unable to repay in an economic dispute, it may negotiate with the creditor to repay in installments or postpone repayment, otherwise if the creditor files a lawsuit and the debtor still fails to perform its obligations according to the effective legal judgment, the creditor may apply to the court for compulsory enforcement.

Article 178 of the Civil Code of the People's Republic of China.