Legal analysis
Disputes arising from the non-refundable fees of nitrogen transfer agreement shall be brought to court, and evidence such as complaint, evidence of payment, proof of identity information of both parties or industrial and commercial registration materials of the unit shall be submitted when bringing a lawsuit to the grass-roots court where the other party is located. Legally, it is an advance payment. If the two parties fail to sign the contract in the end, the party paying the deposit may ask the other party to return the deposit. It is agreed that one party shall pay a deposit to the other party as a guarantee of creditor's rights. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; Deposit refers to the guarantee of payment. For example, in a business relationship, the buyer pays part of the money to the seller after signing the contract as a guarantee for future payment. If the buyer fails to perform the contract, the seller may not return the deposit. If the seller performs the supply obligation according to the contract, the deposit will be converted into payment. If the seller fails to fulfill the supply obligation according to the contract, it shall bear the responsibility of returning the deposit twice. In a word, deposit means guarantee, and it is also a term in law.
legal ground
Article 224th of the Criminal Law of People's Republic of China (PRC) commits one of the following acts. Whoever, for the purpose of illegal possession, defrauds the other party of property in the process of signing and performing a contract, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention 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: (1) Fictitious units or signing contracts under the name of others; (2) Mortgaging with forged, altered or invalid bills or other false property rights certificates; (three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability; (4) After receiving the payment for goods, advance payment or secured property paid by the other party; (5) defrauding the other party's property by other means. Article 224-1 Any organization or leader who, in the name of business activities such as selling goods and providing services, requires participants to obtain membership qualification by paying fees or purchasing goods and services, forms a hierarchy in a certain order, directly or indirectly lures or coerces participants to continue to develop pyramid schemes in which others participate, defrauds property and disrupts economic and social order, and is also fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.