First, will civil disputes be criminally detained?
Civil disputes are governed by civil law and do not involve criminal offences. Generally, they will not be criminally detained. Civil disputes are governed by administrative detention and judicial custody.
Hualvwang
Criminal Procedure Law of the People's Republic of China
Article 80 The public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
Second, how to solve civil disputes
1, negotiation. The two sides relied on their own strength to compromise and settle the dispute. This method is quick, simple and calm, but the negotiation content should be recorded in writing.
2. Mediation. The intervention of the third party will promote mutual understanding and concessions between the two parties to the dispute, and finally solve the contradiction. When the parties to the dispute lose the basis of dialogue, it is a wise choice to seek third-party mediation.
3. arbitration. A dispute resolution mechanism for submitting disputes to arbitration institutions for arbitration. The arbitral award is final. If one party fails to perform the arbitration award, the other party may apply to the court for compulsory execution.
4. litigation. A system in which one party makes a request to the court and the court decides the dispute. Litigation is the final and authoritative dispute resolution mechanism and the last barrier for the parties to safeguard their rights.
Third, the characteristics of civil disputes.
1. Compared with other ways to solve civil disputes such as mediation and arbitration, civil litigation has the following characteristics: civil litigation is to solve disputes between equal subjects by judicial means, and the court exercises judicial power to solve civil disputes on behalf of the state. It is not only different from the people's mediation committees of mass autonomous organizations to solve disputes by mediation, but also different from the non-governmental arbitration committees to solve disputes by arbitration.
2. Mandatory is an important attribute of public power. The compulsion of civil litigation is embodied in the acceptance of cases and the execution of judgments. Mediation and arbitration are based on the wishes of the parties. As long as one party is unwilling to choose the above method to solve the dispute, mediation and arbitration cannot be carried out. Civil litigation is different. As long as the plaintiff's prosecution meets the conditions stipulated in the Civil Procedure Law, the lawsuit will occur whether the defendant is willing or not. The performance of the mediation agreement outside litigation depends on the consciousness of the parties and is not mandatory. The court's decision is different. If the parties do not automatically perform the obligations specified in the effective judgment, the court may enforce them according to law.
3. Procedural civil litigation is a litigation activity conducted in accordance with legal procedures. Whether it is the court, the parties or other participants in litigation, it is necessary to implement litigation in accordance with the procedures stipulated in the Civil Procedure Law. Violation of litigation procedures often leads to certain legal consequences, such as the judgment of a court being revoked by a higher court and the parties losing their rights to a certain litigation act. The procedure of solving civil disputes outside litigation is weak, and there are no strict procedural rules for people's mediation. Although arbitration also needs to be conducted in accordance with the preset procedures, its procedures are quite flexible and the parties have greater procedural options.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 9 of People's Republic of China (PRC) Public Security Administration Punishment Law.
If the circumstances are minor, such as fighting, damaging other people's property and other acts in violation of public security management caused by civil disputes, the public security organ may mediate. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish the violator of public security administration in accordance with the provisions of this law, and inform the parties that they can bring a civil lawsuit to the people's court according to law.