What is the situation of a case with no case number, no criminal figure, and no civilian figure?

Legal analysis: The case number is criminal, while in the early Republic of China it was civil. Civil cases are mainly disputes about civil rights and obligations and are conflicts among the people. Criminal cases are crimes that endanger society, violate criminal laws, and should be punished, and are of a class conflict nature.

Legal basis: "Regulations of the Supreme People's Court on Several Issues Concerning the Trial of Economic Dispute Cases Suspected of Economic Crimes".

Article 1 If the same citizen, legal person or other economic organization is involved in economic disputes and suspected economic crimes due to different legal facts, the economic dispute cases and suspected economic crime cases shall be heard separately.

Article 10: When the people's court discovers clues and materials related to the case but do not belong to the same legal relationship during the trial of an economic dispute case, it shall transfer the clues and materials to the relevant public security organs or procuratorial organs for investigation. The economic dispute continues to be heard.

Article 11: When a people's court accepts an economic dispute case and finds that it is not an economic dispute case but is suspected of an economic crime, it shall rule to dismiss the prosecution and transfer the relevant materials to the public security organs or procuratorial organs.

Article 12: When the public security organs and procuratorial organs review economic dispute cases filed for trial by the People's Court, and issue a letter to the People's Court stating the reasons and attaching relevant materials to accept the case, the relevant People's Court shall carefully review it. If upon examination it is found that there is suspicion of an economic crime, the case shall be transferred to the public security organ or procuratorial organ, and the parties concerned shall be notified in writing to refund the case acceptance fee; if it is considered to be an economic dispute case, the trial shall be continued in accordance with the law, and the relevant public security organ or procuratorial organ shall be notified of the result. .

Answered on April 28, 2022

Leng Mingke

Qualification Certification

Years of Practice

Seven

Certification: Sichuan Tianchang Law Firm

Specializes in: construction contract disputes.

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