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Economic disputes refer to disputes over rights and interests between market economy entities due to contradictions between economic rights and obligations, including disputes involving economic content between medium-sized entities and disputes involving economic content between citizens, legal persons or other organizations as administrative counterparts and administrative organs.
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 rights (such as patent rights, trademark rights) infringement disputes, ownership infringement disputes, management rights 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.
In the event of an economic dispute, there are three main ways to deal with it:
1. Generally, it is mediation first, that is, after the occurrence of economic disputes, the buyer and the seller sit down calmly to negotiate and deal with it, and the breaching party can understand the reasons for its breach of contract by laying out the facts and reasoning, so that the other party can figure out the merits and understand the reasons for its own breach. When necessary, the two sides made certain concessions and finally reached a settlement to eliminate their differences.
2. If the mediation fails, the arbitration will be re-arranged. This method is applicable to the conclusion of a contract or after a dispute has arisen, where the parties appoint an arbitration institution for arbitration.
3. If arbitration is not possible, judicial channels can also be taken. The parties have drafted the complaint, prepared relevant evidentiary materials, and filed a lawsuit with the people's court.
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You should go to the court to file a lawsuit, because the court will hear this kind of case, and the public security bureau will not hear it.
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You can go to the local labor bureau to complain, if there is an economic dispute, there will always be a special department, just find the right department.
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In the case of an individual-to-individual financial dispute, this process can be completed by filing a lawsuit in court.
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Of course, it is necessary to seek the relevant labor arbitration department, and we must find the right department, so as to solve the problem.
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In this way, you can immediately choose a relevant lawyer to protect your due rights and interests, which can also be greatly protected.
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Legal analysis: Economic disputes are not under the jurisdiction of the public security organs, and are generally not subject to the jurisdiction of the government. Unless there are circumstances such as brawls due to economic disputes, the Public Security Bureau shall impose penalties such as public security detention or public security fines on the party responsible for the incident or the party at fault in the dispute, depending on the circumstances; Where both parties to the dispute are at fault and both meet the requirements for public security punishment, they must be punished separately depending on the circumstances.
Legal basis: Several Provisions on the Handling of Economic Orange Sparrow 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.
Article 28: Where criminal suspects and their legally-designated persons, close relatives, or defense lawyers raise objections to the public security organs' filing of a case, the public security organs shall promptly accept it and earnestly verify it. Where there is evidence showing that the public security organs may have illegally intervened in economic disputes, or used the filing of a case to carry out retaliation, framing, extortion, or other illegal benefits, or other illegal circumstances such as filing a case, the people's procuratorate shall request that the public security organ explain the reasons for filing the case in writing. The public security organs shall explain the basis and reasons for filing the case in writing within 7 days, and reply to the people's procuratorate together with relevant evidentiary materials.
Where the people's procuratorate finds that the reasons for filing a case cannot be sustained, it shall notify the public security organs to withdraw the case.
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Legal analysis: Most of the police stations deal with civil disputes, and the property economy generally needs the intervention of the court to get a better solution, of course, the police station will also coordinate, but the general role is minimal.
Legal basis: Article 210 of the Criminal Procedure Law of the People's Republic of China: Private prosecution cases include the following cases:
1) Cases that are handled only upon complaint;
2) Minor criminal cases in which there is evidence to prove that there is evidence of the victim Duan Lacking a person and Zheng Dasong;
3) Cases where the victim has evidence showing that the defendant's conduct violating his or her own rights in person or property shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility.
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Legal analysis: The police station for economic disputes generally does not care. Economic disputes are civil and fall under the jurisdiction of the Court.
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, such as contract fraud. Criminal responsibility should be pursued in accordance with the law, and the police will be reported to the public security organs before accepting it.
Legal basis: Article 19 of the Criminal Procedure Law of the People's Republic of China: 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 violate 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 a case of a major crime committed by a staff member of a state organ under the jurisdiction of a public security organ, upon the decision of the people's procuratorate at the provincial level or above, the people's procuratorate may file and investigate the case.
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As for economic disputes, it is not within the jurisdiction of the police station, and the police station's decision to ignore it is correct. However, if it is a violent incident due to an economic dispute, the police station should have jurisdiction, and if it is ignored, it can be complained to the higher-ups. How to deal 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 pre-contract balance, 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. Prosecution process: Litigation method: There are two types of prosecution methods stipulated in the Civil Procedure Law: written prosecution and oral prosecution.
Article 109 of the Civil Procedure Law stipulates: "A complaint shall be submitted to the people's court. and submit copies according to the number of defendants.
Only if it is truly difficult to write a complaint can a lawsuit be filed orally, and the people's court will record the plaintiff's oral statement in the record and inform the other party. The complaint is the written basis for the plaintiff to submit a claim to the people's court. According to article 110 of the Civil Procedure Law, the complaint shall include the following contents:
1) The natural circumstances of the parties. Including the name, gender, age, ethnicity of the parties. Occupation, place of work and residence.
The name of the legal person or other organization. The domicile and the name and position of the legal representative or principal responsible person. This part reflects the identities of both parties and makes the plaintiff and defendant distinct.
2) The claim and the facts and reasons on which it is based, which are the main contents of the complaint. The plaintiff should state in the complaint the specific claims and the facts and reasons on which such claims are based, including the facts of the existence of the legal relationship, the facts of the dispute, and the reasons for the claims. 3) Evidence and evidence**, names and addresses of witnesses.
Whether the facts of the case exist or not, it is necessary to pay attention to the evidence to prove it. The Civil Procedure Law sets out the burden of proof on the plaintiff. Therefore, when the plaintiff writes the complaint, he should provide evidence to prove the claim and the reasons for making such a claim.
Where documentary or physical evidence is provided, it shall be submitted to the people's court at the same time as the complaint is submitted. Where witness testimony is provided, the witness's address shall be clearly stated to facilitate the people's court's investigation and verification. When a people's court records the plaintiff's oral complaint, it must ask each of the above questions and record it in the record.
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Most of the civil disputes handled by the police station are handled, and the former Terei generally need the court to intervene to get a better solution, of course, the police station will also coordinate, but the general role is minimal. Legal basis: Article 210 of the Criminal Procedure Law of the People's Republic of China: Private prosecution cases include the following cases:
1) Cases that are handled only upon complaint; (2) Minor criminal cases in which the victim has evidence; (3) Cases in which the victim has evidence showing that the defendant's conduct violating his or her personal or property rights shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility.
The police station is not opened by your family, of course they have the right to detain or not! It does not mean that the report must be detained, but it depends on the specific circumstances and factual reasons.
They all eat dry rice, you can just hit one by one and zero first.
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