, to negotiate, mediation, arbitration or litigation in any one or more of these four ways to solve, because, in essence, such disputes are civil disputes, and can only be handled according to relevant civil laws and regulations. However, in judicial practice, the other party often takes the public power of the public security organs as an excuse and the criminal responsibility of the relevant victims as a threat to intervene in this economic dispute, in order to achieve the purpose of demanding the most debts from the relevant parties. The victims suffered great losses. Personal economy collapsed and business reputation was completely lost. Since then, many people have never recovered.
The reasons why public security organs intervene in economic disputes are: first, some public security organs mistakenly identify civil disputes as criminal offences because of their wrong views on the nature of cases, so they put on record for investigation and intervene in economic disputes; Some public security organs clearly know that the nature of disputes belongs to civil disputes, but they think that there is "oil and water" out of consideration for the economic interests of their units, or individual police officers handling cases illegally accept the "benefits" from the other side, abuse their powers and illegally intervene in this economic dispute. Public security organs often classify this kind of dispute as contract fraud, financial fraud, fraud and duty embezzlement.
Generally speaking, one party to a dispute (hereinafter referred to as the victim) is led by the other party to find the victim, forcibly takes the victim away, detains him in a nearby hotel or other place, and then threatens the party or his family to take money to redeem him, otherwise he will really take the party back and be investigated for criminal responsibility. Others posted wanted notices on the Internet, and then went to the public security organs where the victims were located to ask for assistance in arresting them, and took criminal detention after being arrested.
All procedures are "legal" and "perfect", which fully meet the legal procedures required for criminal case investigation.
Often in this case, the parties and their families are very afraid and will repay all or part of the debts owed or the money demanded by the other party in order to get rid of it. If it can't be paid in one lump sum, the compulsory measures for the victims will be changed to bail pending trial, so that the victims can come out and continue to raise money to repay the accounts. When they come out, some even need the victim to write a written guarantee. Once the victim breaches the contract, he will immediately cancel the bail pending trial and put the victim back in prison, thus forcing the victim to pay back the money.
In this way, for the rest of the money, the other party will continue to take the same measures, threaten the public security organs, and continue to entangle until all the money is settled. In many cases, the victims are also asked for a considerable sum of money as the so-called "case handling fee". There are legal disputes over these funds for investigation, some of which are really not returned, and some of which are really blackmailed by the public security organs after the other party breaches the contract. Therefore, the victims are quite dissatisfied with this, and the image of the public security organs and the people's government has also been greatly damaged among the people. Many victims do not know the law and how to use legal weapons to protect themselves, which is often the reason for this phenomenon.
According to my successful experience in handling such cases for many years, this lawyer suggested several coping methods and legal remedies for the victims:
First of all, we must understand that the dispute between ourselves and the other party is a civil dispute, and the public security organ has no right to intervene in economic disputes. The Ministry of Public Security has always reiterated that it is strictly forbidden for public security organs to intervene in economic disputes. It is illegal for public security organs to intervene in your disputes, and the law will protect your legitimate rights and interests. Psychologically, don't be afraid, have confidence.
Secondly, don't take excessive action, so as not to stimulate the police who violate the law. Because the police involved in the case violate the law, they generally know the illegality of their actions, especially when handling cases in different places. They themselves are afraid of "accidents". If the victims are too excited, they will feel threatened, they will take the fake play and really take the victims back to the detention center, and make mistakes and misjudgments. Then, even after your hard struggle, you will eventually be acquitted. You should know that "what comes is not good, and what comes is not good." Therefore, in this case, we must stabilize our emotions, don't be afraid, use wisdom to "mediate", get out of danger first, get free, and then take legal measures to protect ourselves.
Third, the specific measures taken to get out of danger on the spot can be adapted according to the situation on the spot. For example, the public security organs usually record the victims by means of inquiry or interrogation. Then when you make a statement, you must truthfully state your dispute to the public security organ and let it be recorded in the transcript, because this transcript is very important for the characterization of your case and is also the key evidence for possible civil litigation in the future. Don't be afraid, even if the public security personnel may induce or threaten you in the process of questioning, but also 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 content of the transcript is consistent with what you said. If so, sign it again. If it doesn't match, you have the right to ask the public security personnel to correct your record again, and then sign it after it is correct. Never sign the record without reading it. Doing so may make you fall into the trap of the other party. Even if you can't be investigated for criminal responsibility, the other party may take this record as evidence to sue you in court and fight a civil lawsuit for you. This kind of evidence that is inconsistent with the facts is likely to cost you the lawsuit.
After free, if possible, relevant evidence such as room registration and accommodation invoice should be obtained on the same day, so as to be used as evidence when legal measures are taken in the future.
Fourth, legal relief measures after being released from prison.
After you are free, the first thing to do is to 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' own psychology is very complicated, and they think that they have spent legal fees, as if they have "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 lawyer advises you not to take this approach, knowing that "there is specialization in the profession", not to mention that your rights involve complicated legal relations. Even if you understand what the lawyer told you, you can still operate. Even sometimes, it will backfire. The illegal police will be more and more aggressive to you because you don't have the intervention of professional lawyers, and even respond quickly and take custody 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, lawyers put forward very professional legal opinions after contact, pointing out the illegality of public security organs' involvement in economic disputes, and the negotiation effect often improves immediately, which is likely to fundamentally relieve your troubles.
After you signed the agency contract with the law firm, the lawyer began to represent you. Your lawyer will first analyze the legal nature of your dispute and the illegal nature of the public security organ's illegal intervention in economic disputes according to the specific situation and relevant evidence provided by you. After legally confirming that the intervention of the public security organ is indeed illegal, the lawyer will formulate corresponding legal measures to negotiate with the public security organ. The specific negotiation methods vary according to the nature of the illegal act:
If you restrict personal freedom by illegal detention, which has met the conditions of the crime of illegal detention stipulated in Article 238 of the Criminal Law, your lawyer will represent you to the local people's procuratorate where you are illegally detained in time. After the People's Procuratorate files a case according to law, your lawyer will represent you in relevant criminal proceedings and state compensation procedures, 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 public security conducts criminal investigation in full accordance with legal procedures, your lawyer will send a lawyer's letter to the public security organ first.
And send the power of attorney and official letter of the corresponding law firm to the public security organ, formally negotiate with the public security organ in law, demonstrate the illegality of the specific behavior of the public security organ involved in economic disputes in law, and ask it to correct the illegal behavior. This is a complicated process, involving a strong professionalism, and there will be many other complicated situations in the process, which requires lawyers to have solid legal knowledge and rich experience in handling such cases in order to achieve ideal results.
In the process of negotiating with the public security organs, experienced lawyers will also take a comprehensive approach, use various legal means and use various favorable legal environments to safeguard your legitimate rights and interests while negotiating with the public security organs.
Therefore, 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 safeguarded.
Finally, I want to emphasize once again that such cases are very professional. There is an old saying that "people who come are not good." Since individual public security organs dare to illegally intervene in economic disputes, they are prepared. They will also consider how you will react after taking measures against you. They will also formulate corresponding countermeasures in advance, even if their actions seem to have no legal basis at all. Some parties tend to think they are smarter. Many consulting lawyers, each lawyer learns a little "skill". Then, to sum up, they think they can go to the public security organs for "theory" or petition, and do not need to entrust a lawyer. They think it is very wrong and dangerous to force the public security to give up illegal handling. You know, this is a professional legal issue. Public security organs are more professional than you. Although you learned some "skills" from lawyers, when it comes to dealing with the ever-changing situation, you don't have any strategies at all, and even encourage the police who violate the law to take "legal procedures" to investigate you, then transfer you to the procuratorate, and finally sue the court and sentence you. Originally in practice, misjudged cases also happen from time to time, which is inevitable, not to mention if someone deliberately wants to investigate you? As a result, you saved the lawyer's fee, but you got into more trouble because of your cleverness.
In addition, let me talk about the "skills" you learned from the lawyer.
From the lawyer's point of view, the advice he can give you can only stay at the level of consultation, and will not provide you with complete countermeasures and legal advice. This is easy to understand, because first of all, the lawyer's advice is only based on the information you provide, and the information you provide is unilateral. What did the public security organs catch? You're unprofessional and you don't know. If you want to be comprehensive, you can't do it until the lawyer really contacts the public security organ.
Secondly, the legal services provided by lawyers are paid services, and you should pay the corresponding consideration for what services he provides (except legal aid cases, which belong to the legal obligation of every lawyer and are free legal services). Although many clients who "shop around" consult, lawyers will give you answers, but they only stay at the consultation level and can fundamentally solve the key points of your problem, and lawyers will not tell you. This is exactly the key point for lawyers to handle cases, can you understand? In the ever-changing situation, lawyers are professionals and very experienced, which is unmatched by your personal operation. Don't be greedy and cheap, 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 walks of life, the spring of a legal society will surely come, and the law will eventually safeguard your legitimate rights and interests.
Lawyers all over the country are willing to make unremitting efforts to safeguard the legal system, the dignity of the law and your legitimate rights and interests!