What is the difference between contract disputes and economic disputes?
What is the difference between contract disputes and economic disputes? In life, we may have disputes with people in life or work. Disputes It is a situation where the parties have a misunderstanding about a specific matter or one party deliberately conceals the facts, resulting in the negotiation between the two parties being fruitless. So what is the difference between contract disputes and economic disputes? What is the difference between contract disputes and economic disputes1
1. What is the difference between partnership contract disputes and personal economic disputes?
The concept of partnership can be given from the perspective of legal behavior. It can also be given from the perspective of organizational form. From the perspective of legal behavior, partnership refers to an agreement between two or more civil entities that jointly contribute capital, operate jointly, and bear profits and losses; from an organizational perspective, partnership refers to an agreement between two or more civil entities. It is an enterprise organizational form in which the civil entities have joint investment, joint operation, and joint profits and losses.
It can be seen from this that both from the perspective of legal behavior and organizational form, it is emphasized that the main characteristics of a partnership are mutual investment, joint operation, negative profits and losses, and joint operation. *Take risks.
The so-called silent partnership refers to a partnership in which one party contributes capital to the production and operation of the other party, does not participate in actual economic activities, but shares business interests, and is only liable for losses to the extent of the capital contribution. The party that makes the investment is called a dormant partner; the party that uses the dormant partner's investment to conduct economic activities in its own name is called a prominent business person.
There are two major categories of economic disputes: one is economic contract disputes, such as sales contract disputes, loan contract disputes, contract contract disputes, construction project contract disputes, technology contract disputes, etc.; the other is economic tort disputes; such as Intellectual property rights (such as patent rights, trademark rights) infringement disputes, ownership infringement disputes, business rights infringement disputes, etc.
In the market economy, a contract is a legal and universal form for establishing transaction relationships between equal market entities, jointly implementing transaction behaviors, and pursuing and achieving economic goals. Therefore, contract disputes are economic disputes. main part.
There are many reasons for economic disputes, both subjective and objective. Based on the situation of my country's economic activities, there are three main reasons for economic disputes:
1. The basis for conducting economic activities is not standardized. When market entities conduct economic activities, non-standard basis is the main cause of economic disputes. Gentleman's contracts can be seen everywhere, resulting in unstructured performance of economic contracts, resulting in disputes;
2. When conducting economic activities, rules are not strictly observed. Some entities in economic and legal relationships do not strictly follow the law and act according to their own interests, deliberately failing to perform the contract or entering into a false contract, resulting in disputes;
3. Administrative intervention by relevant departments, resulting in economic disputes.
Parties to economic litigation refer to citizens, legal persons and other organizations that have a direct interest in the outcome of the case and are subject to the judgment of the people's court. The parties mainly include the plaintiff, the defendant and the third party.
A plaintiff refers to a person who files a lawsuit in the People's Court in his own name and initiates litigation proceedings because his or her economic rights and interests have been infringed or he has a dispute over his or her economic rights and interests with others.
A defendant refers to a person who is accused of infringing upon the plaintiff's legitimate economic rights or has a dispute over economic rights with the plaintiff and is notified by the People's Court to respond to the lawsuit.
The third party refers to the subject matter of the litigation disputed by the plaintiff and the defendant, that is, the economic entity rights disputed by the original and the defendant, and has an independent right of claim, or although there is no independent right of claim, the handling of the case A person who participates in the lawsuit as a result of having a legal interest in it.
Third parties can be divided into two types: third parties with independent claims and third parties without independent claims. As the subject of economic litigation, the parties' litigation actions have a significant impact on economic litigation.
When a contract dispute occurs, first of all, according to relevant regulations, if there is a dispute between the two parties, the problem can be solved through negotiation.
If the two parties cannot reach an agreement, eventually if the negotiation cannot If so, you can file a lawsuit directly with the court. The court will resolve the matter based on the actual situation between the two parties and ultimately perform the judgment. If you think the court's judgment is wrong, you can appeal again. What is the difference between contract disputes and economic disputes 2
1. Contract fraud
Contract fraud means that the perpetrator must cause the other party to be defrauded and fall into a mistake, and thereby express his intention. , thereby entering into or performing a contract with it; committing fraudulent acts. Fraudulent behavior can be manifested as the fraudster deliberately causing the other party to make a mistake in a certain way, or it can be manifested as the fraudster deliberately hindering the other party to make a mistake in a certain way;
It can be manifested as a positive behavior The way of acting can also be manifested as the way of deliberately not acting when one should have acted; the person who was defrauded fell into a mistake due to being deceived. The “mistake” mentioned here refers to a defect in understanding the content of the contract and other important circumstances.
For example, mistaking inferior products for high-quality products, mistaking subject matter with major defects for being flawless, mistaking the fraudster for having the ability to perform the contract, etc. This kind of error must be caused by the deceiver's fraudulent behavior, that is, there is a causal relationship between the defrauded person's mistake and the deceiver's fraudulent behavior;
The defrauded person listens to the description and sees it. was deceived by the sample and signed or performed a contract with it. The misunderstanding must be the direct cause of the expression of intention.
2. Economic contract disputes
Economic contract disputes refer to differences of opinion or disputes arising from the performance of obligations between the parties after signing an economic contract in accordance with the law. Once a dispute arises in an economic contract, the parties should first negotiate and resolve it in a timely manner. Both parties should seek mutually acceptable self-resolution based on the principles of mutual understanding and seeking truth from facts.
If both parties belong to the same competent department, they can also request the superior competent department for mediation. If the dispute cannot be resolved through negotiation and mediation or the parties are unwilling to resolve it through negotiation or mediation, either party may apply for arbitration to a competent arbitration institution in accordance with the written arbitration agreement; if there is no written arbitration agreement, the party may apply to a competent arbitration institution. The people's court with jurisdiction shall prosecute.
3. The difference between contract fraud and economic contract disputes
(1) Different natures
Illegal acts are more harmful to society The crime was minor, just a violation of general laws and regulations. Criminal behavior has serious social harm, is a serious violation of law, and will be punished by criminal penalties.
Contract fraud violates both the Criminal Law and the General Principles of Civil Law. It is a criminal offense with civil violations. The object of its infringement is the ownership of public and private property in the market management order, and will be subject to criminal and civil laws. Double punishment; economic contract disputes are civil violations that simply violate the "General Principles of Civil Law". What is infringed is the creditor's rights and is only controlled by civil laws.
As Professor Yang Lixin said: "This issue is a very difficult theoretical and practical issue. In theory, contract fraud is a criminal law issue, and economic disputes are a civil law issue." . This is the essential difference between the two.
(2) Different characteristics
Currently, there are three views on the key to identifying contract fraud:
1) Objectivity theory: It is believed that as long as the perpetrator takes objective actions Signing an economic contract with the other party by fabricating facts or concealing the truth and illegally possessing the other party's property constitutes contract fraud.
2) Theory of ability to perform: It is believed that whether the actor has the ability to perform the contract when signing the contract is the key to distinguishing the two.
3) Subjective theory: Whether the perpetrator has a subjective purpose of illegally possessing other people’s property.
What is the difference between contract disputes and economic disputes 3
1. What are economic disputes and civil economic disputes
1. What are economic disputes
What are economic disputes? Economic disputes refer to social disputes that occur between equal subjects and are based on economic rights and obligations.
2. Classification of economic disputes
Economic contract disputes
For example: sales contract disputes, loan contract disputes, contract contract disputes, construction project contract disputes, technology contracts Disputes etc.
Economic infringement disputes
For example: intellectual property (patent rights, trademark rights) infringement disputes, ownership infringement disputes, business rights infringement disputes, etc.
3. Contract disputes
are the main part of economic disputes.
4. The main characteristics of economic disputes
Specification of the subject of the dispute
Diversification of the content of the dispute
Civilization of the scope of the dispute
Diversified solutions.
2. Key points of proof in cases of economic contract disputes
1. If there is a written contract, submit the original and copy of the contract. If there is no written contract, the oral contract can be proved. Proof of establishment (such as correspondence, meeting minutes, audio and video recordings, etc.).
2. Both parties shall perform the seals, samples, pictures, etc. in the contract
3. National standards, corporate standards, industry standards, etc. related to the dispute case
4. Written reports and conclusions after audit, inspection, exploration and appraisal
5. Provide information on the performance of the contract or agreement
6. Provide liquidated damages and compensation The legal basis and original information for the payment method
7. Other evidence required by the court.