, to be resolved by any one or more of the four methods of negotiation, mediation, arbitration or litigation, because, by their nature, such disputes are civil disputes and can only be resolved on the basis of relevant Civil laws and regulations shall be dealt with. However, in judicial practice, the other party will often use the public power of the public security organs as an excuse and threaten the criminal liability of the relevant victims to intervene in this economic dispute in order to achieve the purpose of demanding the maximum debt from the relevant parties. The losses suffered by the victims were enormous. Personal finances collapsed and business credibility was completely lost. Many people have never recovered since.
The reasons why the public security organs intervene in economic disputes are: first, some public security organs misunderstand the nature of the case and misidentify civil disputes as criminal crimes, so they open cases for investigation and intervene in economic disputes; some public security organs clearly know that The nature of the dispute is a civil dispute, but out of consideration for the economic interests of the unit where they work, they believe that there is "oil and water" involved, or some police officers handling the case illegally accepted "benefits" from the other party, abused their powers, and illegally intervened in this economic dispute. Public security organs often characterize the nature of such disputes as contract fraud, financial fraud, fraud and job embezzlement.
Generally speaking, one party to the dispute (hereinafter referred to as the victim) is led by the other party to find the victim, forcibly takes the victim away, detains the victim in a nearby hotel or other place, and then threatens the party or his family members to take the victim. Money is required to redeem the person, otherwise the person involved will be taken back and held criminally responsible. Others publish wanted notices online, then go to the public security bureau where the victim is located to request assistance in arresting them, and then undergo criminal detention after being caught.
All procedures are "legal" and "perfect" and fully comply with the legal procedures required for criminal case investigation.
Often in this case, the person concerned and his family members are very afraid and will repay all or part of the debt owed or the money requested by the other party in order to get relief. If the debt cannot be paid in one lump sum, the coercive measures against the victim will be changed to bail pending trial, allowing the victim to continue raising money to repay the debt. When coming out, some even require the victim to write a written guarantee. Once the victim defaults, he will immediately cancel the bail pending trial and put the victim in jail again, thus forcing the victim to pay back the money.
In this way, for the remaining money, the other party will continue to use the same methods, threaten the public security organs, and continue to pester until all the money is settled. In many cases, a considerable amount of money is also demanded from the victims as so-called "case handling fees." There are legal disputes over the funds filed for investigation. Some of them are really not repaid, and some of them actually use the power of the public security organs to blackmail themselves after the other party breaks the contract. Therefore, the victims are quite dissatisfied, and the image of the public security organs and the people's government has been greatly damaged among the people. Many victims do not know the law and do not know how to use legal weapons to protect themselves, which is often the reason for this phenomenon.
Based on my many years of successful experience in handling such cases, this lawyer suggested several coping methods and legal remedies for the victims:
First of all, you must understand the dispute between yourself and the other party. It is a civil dispute and the public security organs have no right to intervene in economic disputes. The Ministry of Public Security has always reiterated that public security agencies are strictly prohibited from intervening in economic disputes. It is illegal for the public security organs to intervene in your dispute, and the law will protect your legitimate rights and interests. Psychologically, don't be afraid, have confidence.
Secondly, do not take drastic action to avoid irritating the police who are handling the case illegally. Because the police officers involved handled the case illegally, they generally knew the illegality of their actions, especially when handling cases in other places. They themselves are afraid of "accidents". If the victim gets too agitated, they will feel threatened and will resort to faking it, actually taking the victim back into custody and making mistakes and miscalculations. Then, even after your hard work, you will eventually be acquitted. You must know that "no good things come, and good things never come." Therefore, in this case, you must stabilize your emotions, don't be afraid, use wisdom to "mediate", get out of danger first, gain freedom, and then take legal measures to protect yourself.
Third, the specific measures taken for on-site escape can be modified according to the on-site conditions. For example, public security organs generally record victims through questioning or interrogation. Then, when you make your statement, you must truthfully state your dispute to the public security organ, and let it go as it is recorded in the transcript, because this transcript is very important for the characterization of your case and is also key evidence for possible future civil litigation. . Even if the public security officers may induce or threaten you to confess during the interrogation process, do not be afraid and state the facts truthfully. Don't be afraid and don't be fooled. Be sure to state the facts and let them record them. Before you sign the transcript, you must read it carefully to see if the contents of the transcript are consistent with what you said. If so, sign again. If it does not match, you have the right to ask the public security officer to correct your record again and sign it after it is correct. Never sign the transcript without reading it. Doing so may lead you into the other person's trap. Even if you cannot be held criminally responsible, the other party may use this record as evidence to sue you in court and fight a civil lawsuit on your behalf. This kind of inconsistent evidence is likely to cost you your case.
After free of charge, if possible, relevant evidence such as room registration and accommodation invoices should be obtained on the same day so that they can be used as evidence when taking legal measures in the future.
Fourth, legal remedies after release from prison.
After you gain your freedom, the first thing you should do is go to a law firm to consult an experienced lawyer, state your relevant situation to the lawyer, entrust a lawyer, and let the lawyer provide you with legal services.
Some victims have very complicated psychology. They may think that they have spent lawyer fees and "suffered a loss", so they take a step-by-step approach and ask questions step by step. If they don't understand, they will consult a lawyer. Our lawyers advise you not to take this approach. You must know that "there are specialties in the industry," not to mention that your rights involve complex legal relationships. Even if you understand what the lawyer is telling you, you can still operate it. Sometimes, it can even be counterproductive. The illegal police will become more and more aggressive towards you because you do not have the intervention of a professional lawyer, and may even respond quickly and take detention measures against you. And if you find a more experienced lawyer to discuss with the public security organs on your behalf, in many cases the situation will be very different. In many cases, after being contacted by a lawyer, he or she will put forward very professional legal opinions and point out the illegality of the public security organs' intervention in economic disputes. The negotiation effect will often improve immediately, and it is very likely that your troubles will be fundamentally relieved.
After you sign an agency contract with a law firm, the lawyer will begin to represent you. Your lawyer will first analyze the legal nature of your dispute and the illegal nature of the public security organs’ illegal interference in economic disputes based on the specific circumstances and relevant evidence you provide. After legally confirming that the intervention of the public security organs is indeed illegal, the lawyer will formulate corresponding legal measures and negotiate with the public security organs. The specific negotiation methods vary according to the nature of the illegal act:
If you restrict your personal freedom by illegal detention and have met the conditions for the crime of illegal detention stipulated in Article 238 of the Criminal Law, you A qualified lawyer will promptly represent you to the local People’s Procuratorate where you were illegally detained. After the People's Procuratorate files the case in accordance with the law, your lawyer will represent you in relevant criminal proceedings and state compensation procedures to safeguard your legitimate rights and interests and seek justice for you.
If the circumstances are minor enough to constitute the crime of illegal detention, or if the police handle the criminal investigation in full compliance with legal procedures, your lawyer will first send a lawyer's letter to the public security organ.
And send the corresponding power of attorney and official letter from the law firm to the public security organs, legally negotiate with the public security organs, legally demonstrate the illegality of the specific actions of the public security organs in intervening in economic disputes, and require them to correct Illegal conduct. This is a complex process involving strong professionalism, and many other complex situations will arise during the process. It requires lawyers to have solid legal knowledge and rich experience in handling such cases in order to achieve the desired results.
In the process of negotiating with the public security organs, experienced lawyers will also adopt a comprehensive approach, use various legal means, and use various favorable legal environments to protect your rights while negotiating with the public security organs. legitimate rights and interests.
So, whether you can achieve the purpose of safeguarding your legitimate rights and interests depends on whether you can use legal weapons scientifically, which requires more legal awareness. As long as you have legal awareness and entrust a more experienced lawyer, your rights and interests will be effectively protected.
Finally, I would like to emphasize again that this type of case is highly professional. There is an old saying that goes, "If you don't like the people who come, don't come." Since some public security organs dare to illegally intervene in economic disputes, they are prepared. They will also consider how you will react if they take action against you. They will also develop corresponding countermeasures in advance, even if their actions seem to have no legal basis at all. Some clients tend to think they are smarter. Many lawyers are consulted, and each lawyer learns a little "skill". Then, to sum up, they think they can go to the public security bureau to "theory" or petition without hiring a lawyer. They believe it is very wrong and dangerous to force the police to give up illegal processing. You know, this is a relatively professional legal issue. The public security organs are more professional than you. Although you learned some "skills" from lawyers, when it comes to dealing with ever-changing situations, you have no strategy at all. You even stimulate the police who are handling illegal cases to go through "legal procedures" to investigate you, then transfer you to the procuratorate, and finally prosecute you. The court will sentence you. In practice, wrong cases often happen, which is inevitable. What’s more, what if someone deliberately wants to investigate you? As a result, you save legal fees, but get into more trouble because of your "little cleverness".
Also, let me talk about the "skills" you learned from lawyers.
From a lawyer's perspective, the advice he can give you can only remain at the consulting level, and will not provide you with complete countermeasures and legal advice throughout the process. This is easy to understand, because first of all, the lawyer provides advice based only on the information you provide, and the information you provide is unilateral. What did the police catch? You are not professional and don't know. If you want to be comprehensive, you have to wait until the lawyer actually contacts the public security agency.
Secondly, the legal services provided by the lawyer are paid services, and you should pay the corresponding consideration for the services he provides (except for legal aid cases, which is the legal obligation of every lawyer and is a free legal service) . Although many "shopping around" parties consult and lawyers will give you answers, they only stay at the consultation level and lawyers will not tell you the key points that can fundamentally solve your problem. (This is exactly the key point for lawyers to handle cases, can you understand it? In the ever-changing situation, lawyers are professionals and very experienced, which is incomparable to your personal operation. Don’t be greedy for small gains and suffer big losses.
The maintenance and realization of a good legal environment in a legal society depends on the joint efforts of the whole society, including your unremitting efforts, because we all believe that with the efforts of all sectors of society, the spring of a legal society will definitely come, and the law will finally come. We will protect your legitimate rights and interests.
Lawyers across the country are willing to work tirelessly to safeguard the legal system, the dignity of the law, and your legitimate rights and interests!