Economic disputes, also known as economic disputes, refer to social disputes between equal subjects with economic rights and obligations as their content. There are two main ways to deal with economic cases: arbitration and litigation. Arbitration refers to a method in which both parties reach a written arbitration agreement before or after a dispute, and voluntarily submit the dispute between them to an arbitration institution agreed by both parties for trial and adjudication, so as to solve the dispute. Arbitration has the following characteristics: 1, arbitration is based on the will of both parties; 2. The arbitration institution is a non-governmental organization; 3. The arbitral award has mandatory legal effect; 4. The arbitration process and results are confidential; 5. Arbitration is fast. Another way to deal with it is litigation, that is, litigation. The people's court is the judicial organ of the state. In economic litigation, exercise judicial power and perform corresponding duties on behalf of the state according to law. As a judge of a case, the people's court is not only a participant in the lawsuit, but also an organizer and commander of the lawsuit. The law gives the people's courts jurisdiction to conduct activities in accordance with the procedures and methods prescribed by law, exercise litigation rights and perform litigation obligations according to law. Therefore, the people's court is in a leading position in economic litigation and plays a decisive role in solving economic disputes. Legal basis: Article 103 of the Criminal Law of People's Republic of China (PRC) The people's court may conduct mediation in handling incidental civil litigation cases, or make a judgment or ruling according to the material losses. Article 104 of the Criminal Law of People's Republic of China (PRC) shall be tried together with criminal cases. Only in order to prevent excessive delay in the trial of criminal cases can the same trial organization continue to hear incidental civil actions after the trial of criminal cases is over.
What if I want to monitor the road because of economic disputes?
According to the law of our country, the principle of who advocates and who gives evidence is adopted in economic disputes in general civil cases. Only in criminal cases and other major cases that infringe on the interests of the state and society, the judicial organs will seize road monitoring.
If it is a general economic dispute, it is impossible to obtain the road surveillance video set by the public security department, and even if it applies to the court for investigation and evidence collection, it will be rejected by the court. However, the surveillance video of buildings, residential areas and other buildings set up by private individuals and properties can be provided if private individuals and properties are willing to provide it.
Can the plaintiff in an economic dispute case apply to the court to transfer the defendant's bank account?
Of course. Economic dispute cases belong to civil litigation. According to the law, if the parties are unable or unable to collect evidence for objective reasons, they may apply to the court for investigation and evidence collection. The plaintiff may submit a written application to the court, stating the name and account number of the defendant's bank, and the court will make a judgment after examination.
What should the police do if the car is stolen because of an economic dispute?
There are economic disputes and theft. If the amount is large, it is suspected of theft. After reporting the case to the Public Security Bureau, the Public Security Bureau will decide whether to file a case for investigation according to the specific circumstances.
Things taken in economic disputes belong to theft, even stolen goods, as long as they are not their own and have not been taken away by the owner, belong to theft. These are two different legal relations and cannot be confused. Because of economic disputes, people can't condone others stealing cars. Stealing a car is an illegal and criminal act and should bear criminal responsibility for theft. Economic disputes are civil cases. If negotiation fails, you can resort to the court and defend your rights through legal channels. If you decide to file a case, you will collect evidence from relevant personnel. There are four ways and means to solve economic disputes, namely: (1) both parties negotiate to solve economic disputes. After the economic dispute, the buyer and the seller sat down calmly to negotiate. By stating the facts and reasoning, the defaulting party can let the other party know right and wrong, so as to understand the reasons for its default. When necessary, the two sides made some concessions and finally reached a settlement to eliminate their differences. (2) Mediation and settlement of other economic disputes. After an economic dispute, the two sides hold their own words and have their own reasons, so they can't reach an understanding and need a third party that both sides trust to mediate. (3) Appointing arbitration institutions to resolve economic disputes. Arbitration means that when the buyer and the seller conclude a contract, it is clear that if there is any economic dispute in the future, they will voluntarily submit the economic dispute between them to an arbitration institution for arbitration. Or after an economic dispute occurs, the buyer and the seller reach an agreement and appoint an arbitration institution to make an award. Arbitration is the main way to solve economic disputes. Only when a contract is concluded can an economic dispute with an arbitration clause belong to arbitration. Or after an economic dispute, the two sides failed to negotiate and the third-party mediation failed to gain mutual recognition. In order to effectively solve economic disputes, buyers and sellers calmed down and reached an arbitration agreement. Only then can you apply to a special arbitration institution or a temporary arbitration institution for arbitration.
Personal advice: financial disputes, stealing. If the amount is large, it is also suspected of theft. Fraud belongs to the adjustment of criminal law, and it can only be reported but not prosecuted. After reporting the case to the Public Security Bureau, the Public Security Bureau will decide whether to file a case for investigation according to the specific circumstances.
According to Article 264 of the Criminal Law of People's Republic of China (PRC), whoever steals public or private property in a relatively large amount, or who steals repeatedly, enters a house, steals with a weapon or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.
Can the plaintiff apply to the court to investigate the defendant's bank account information after filing the case?
With the continuous development of social economy, in real life, we will encounter various problems, especially for the plaintiff, can we apply to the court to investigate the defendant's bank account information? It also makes many friends very confused about this. In fact, we should know that the plaintiff can indeed apply for the information of the defendant's bank account, but it must be helpful to the whole case in many special circumstances, otherwise it is impossible.
The first thing to understand is that once it involves obtaining the information of the other party's bank account, such cases are already economic disputes and corresponding civil cases. If the parties are unable to collect or collect the corresponding evidence, they may directly apply to the court for obtaining the information of the corresponding bank account and collecting the relevant evidence. In this process, the plaintiff can submit a corresponding application to the court. Explain the bank name and account information of the defendant's deposit. When the court gets the corresponding information, if it can help the whole case develop better, then the court will also pass such an application.
Moreover, under these special circumstances, we can't apply to the court to retrieve the information of the other party's bank account, because the information of the bank account belongs to personal privacy, and even our law has a good protection on this issue, so we can't retrieve it at will, and the premise of retrieval is that the funds, real estate and vehicles in the defendant's bank account can't be harmed, and the amount can't exceed the trial of the corresponding court.
To sum up, we can clearly know that the plaintiff can apply to the court to investigate the defendant's bank account information after filing the case, but the premise of all this is that the corresponding evidence cannot be collected, or there is no way to collect the corresponding evidence to help the court make a better safety judgment.
How to solve economic disputes without the identity information of the defendant?
Hello, it's my pleasure to answer your question.
1. Knowing your name, household registration and approximate age, it is relatively easy to obtain identity information. Lawyers can check with the local public security department.
2. If the other party's Alipay and WeChat are real names, you can try to submit the transfer record and WeChat record directly for the court to accept first. If the other party approves, there is no problem. If it is not a real name or the other party denies it, you need to go to Alipay for evidence collection. You must entrust a lawyer to apply for an investigation order.
It is more appropriate for you to entrust a lawyer to handle the above situation. You can send a lawyer's letter first If it can be solved, it will save trouble and money. If not, the cost will be higher.