1. The case of the dispute between plaintiff Wang Yuanling and defendant Zhongyue Construction Group Co., Ltd. was put on file on August 4, 20 16, and was heard in public according to the summary procedure on September 8, 20 16.
2. Yin, the plaintiff's agent ad litem, appeared in court to participate in the lawsuit, while Zhongyue Construction Group Co., Ltd., the defendant, was summoned by our court but did not appear in court to participate in the lawsuit. The case has now been closed.
3. Wang Yuanling brought a lawsuit to our court: 1. Request to order the defendant to return the plaintiff's deposit of 654.38+million yuan according to law, and then change the lawsuit to request to return the deposit of 654.38+million yuan, and compensate the loss and liquidated damages of 20,000 yuan; 2. The legal fees and actual expenses of this case shall be borne by the defendant.
4. Facts and reasons: The plaintiff and the defendant signed the hydropower installation contract on 20 15, 10/20/0. After the contract was signed, the plaintiff paid the defendant a deposit of 1000000 yuan in three times, but the defendant failed to perform the contract, and it was settled on 20 1 1.
Extended data:
Civil dispute settlement mechanism refers to the methods and systems to alleviate and eliminate civil disputes. According to the different dispute settlement systems and methods, the civil dispute settlement mechanism can be divided into the following three forms.
Self-help, including self-determination and reconciliation. It means that the subject of the dispute relies on its own strength to solve the dispute, so as to achieve the purpose of safeguarding its own rights and interests. Self-determination means that one party to a dispute relies on its own strength to make the other party obey.
Reconciliation refers to mutual compromise and concession. The similarity between the two is that they all rely on their own strength to solve disputes, without the participation of a third party and without any normative constraints.
Social relief, including mediation (mediation outside litigation) and arbitration. He is a mechanism that only relies on social forces to handle civil disputes.
Mediation means that a third party (mediation agency or mediator) comes between the two parties to the dispute to mediate and talk, and persuades the two parties to the conflict with certain legal norms and moral norms to urge them to reach an agreement on the basis of mutual understanding and mutual accommodation. Mediation agreement is not legally binding, but it is effective in the sense of contract.
Arbitration is an arbitration institution selected by both parties to hear disputes and make an award. Arbitration is different from mediation, and the arbitration award is legally binding on both parties.
However, arbitration, like mediation, is based on the wishes of both parties. Arbitration can only begin if both parties to the dispute reach an arbitration agreement and agree to submit the dispute to arbitration.
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