Virtual currency in civil litigation
Publish: 2021-04-17 23:59:51
1. It is not likely that the public security organ will file a case of virtual currency transaction fraud, because the virtual currency transaction fraud generally involves a large number of people, a wide range, a small amount and strong anonymity
it is difficult for the public security organs to collect and collect evidence, and it is also difficult to carry out arrest operations, because most of the information of the Chuangshi operation team of the virtual currency scam is not public, and there is no way to collect evidence. Maybe the mastermind will become a victim after being arrested
with the popularity of virtual currency, disputes related to it appear frequently. Recently, the people's Court of Futian District in Shenzhen tried a dispute caused by investment in virtual currency. The court reminded that the investment transaction of virtual currency is not protected by law, and investors should keep sober and rational<
extended information:
after reviewing criminal cases or civil disputes, judicial organs decide to list them as litigation cases for investigation or trial, which is the beginning stage of litigation activities. Generally, it includes criminal cases, administrative cases and civil cases< According to the criminal procere law of the people's Republic of China, there are two conditions for filing a case:
1
2. The fact of the crime should be investigated for criminal responsibility according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filed
under any of the following circumstances, no criminal responsibility shall be investigated and no case shall be filed; If the case has been investigated, the case shall be annulled, or no prosecution shall be instituted, or acquitted< (1) if the circumstances are obviously minor and the harm is not great, it is not considered a crime< (2) the time limit for prosecution has expired< (3) those who are exempted from punishment by special amnesty order< (4) in the case of a crime in which a complaint is made according to the criminal law, the complaint is not made or withdrawn< (5) the defendant has died< (6) other laws and regulations provide for exemption from criminal responsibility
source: Sogou - virtual currency
it is difficult for the public security organs to collect and collect evidence, and it is also difficult to carry out arrest operations, because most of the information of the Chuangshi operation team of the virtual currency scam is not public, and there is no way to collect evidence. Maybe the mastermind will become a victim after being arrested
with the popularity of virtual currency, disputes related to it appear frequently. Recently, the people's Court of Futian District in Shenzhen tried a dispute caused by investment in virtual currency. The court reminded that the investment transaction of virtual currency is not protected by law, and investors should keep sober and rational<
extended information:
after reviewing criminal cases or civil disputes, judicial organs decide to list them as litigation cases for investigation or trial, which is the beginning stage of litigation activities. Generally, it includes criminal cases, administrative cases and civil cases< According to the criminal procere law of the people's Republic of China, there are two conditions for filing a case:
1
2. The fact of the crime should be investigated for criminal responsibility according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filed
under any of the following circumstances, no criminal responsibility shall be investigated and no case shall be filed; If the case has been investigated, the case shall be annulled, or no prosecution shall be instituted, or acquitted< (1) if the circumstances are obviously minor and the harm is not great, it is not considered a crime< (2) the time limit for prosecution has expired< (3) those who are exempted from punishment by special amnesty order< (4) in the case of a crime in which a complaint is made according to the criminal law, the complaint is not made or withdrawn< (5) the defendant has died< (6) other laws and regulations provide for exemption from criminal responsibility
source: Sogou - virtual currency
2.
It is not likely that the public security organ will file a case of virtual currency transaction fraud, because the virtual currency transaction fraud generally involves a large number of people, a wide range, a small amount and strong anonymity
it is difficult for the public security organs to collect evidence and arrest, because most of the information of the Chuangshi operation team of the virtual currency scam is not public and there is no way to collect evidence. Maybe the mastermind will become a victim after being arrested
with the popularity of virtual currency, disputes related to it appear frequently. Recently, the people's Court of Futian District in Shenzhen tried a dispute caused by investment in virtual currency. The court reminded that the investment transaction of virtual currency is not protected by law, and investors should keep sober and rational
extended information:
after the judicial organ reviews the criminal cases or civil disputes, it is the beginning stage of litigation activities that the judicial organ decides to list them as litigation cases for investigation or trial. Generally, it includes criminal cases, administrative cases and civil cases
According to the criminal procere law of the people's Republic of China, there are two conditions for filing a case:1
The criminal responsibility should be investigated according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filedunder any of the following circumstances, no criminal responsibility shall be investigated and no case shall be filed; If the case has been investigated, the case shall be annulled, or no prosecution shall be instituted, or acquitted
(1) if the circumstances are obviously minor and the harm is not great, it is not considered a crime (2) the time limit for prosecution has expired (3) exemption from punishment by special amnesty (4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn (5) the defendant has died (6) other laws and regulations provide for exemption from criminal responsibility3. First of all, based on China's relevant policies, ic0 projects and exchanges are all relocated abroad. If the issuance of foreign tokens has no impact on domestic civil or criminal law, then the laws or regulatory rules of other countries will apply, and will not be governed by domestic laws. Investors' rights protection or accountability are concted overseas
secondly, if rights are protected within the territory of our country, according to our legal system, legal liability can be divided into criminal liability, civil liability and administrative liability. In China, the issuance and financing of virtual currency is prohibited, and there is no relevant regulatory agency, so investors can only investigate the criminal and civil liabilities of the corresponding parties
1. Criminal responsibility
however, assuming that there are some cases that may involve criminal crimes, such as online breaking or even later returning to zero, futures trading being manipulated by the platform, and in line with the provisions on jurisdiction in China's criminal law, the corresponding legal provisions should be applied in combination with their criminal acts< According to the provisions of articles 6 to 9 of the criminal law on the principle of criminal jurisdiction, China's criminal jurisdiction can be divided into the following four categories:
(1) territorial principle: if one of the acts or results of a crime occurs within the territory of the people's Republic of China (including ships or aircraft), China's criminal jurisdiction shall apply unless otherwise specified by law< (2) principle of person: if a citizen of our country commits a crime stipulated in this law outside the territory of the people's Republic of China, the criminal law of our country shall apply. However, if the maximum penalty stipulated in this law is fixed-term imprisonment of not more than three years, he may not be investigated. The criminal law of the people's Republic of China shall apply to any state functionary or serviceman who commits any crime specified in this law outside the territory of the people's Republic of China< (3) principle of protection: If foreigners commit crimes against our country or citizens outside the territory of the people's Republic of China and the minimum penalty prescribed in this law is fixed-term imprisonment of not less than three years, the criminal law of our country can be applied, except those who are not punished according to the law of the place where the crime is committed< (4) general principle: This Law shall apply to crimes stipulated in international treaties concluded or acceded to by the people's Republic of China over which the people's Republic of China exercises criminal jurisdiction within the scope of its treaty obligations
for example, there are illegal means in breaking and manipulating the price of virtual currency in the exchange when it goes online. Although virtual currency does not belong to the category of securities recognized by our country, making profits through this illegal way may also violate the charges of illegal sale of token bills, illegal issuance of securities, illegal fund-raising and financial fraud in our criminal law, Then investors can take measures to protect their rights in China, such as reporting to the public security organs
2. Civil liability
in civil and commercial activities, we mainly follow the principles of equality, voluntariness, fairness and good faith. With the development of China's securities market, there are many civil cases in which investors defend their rights to A-share companies. However, because China has not yet included virtual currency into the scope of securities, there is no case of civil liability for manipulating the price of virtual currency, Therefore, it is difficult for investors to protect their rights through civil litigation
in addition, based on the relativity of civil legal relationship, even if the underlying assets and projects of overseas ic0 projects are in China, most of them have built overseas structures, so it is difficult for investors to break through the relative relationship and recover the actual project subject responsibility of ic0.
secondly, if rights are protected within the territory of our country, according to our legal system, legal liability can be divided into criminal liability, civil liability and administrative liability. In China, the issuance and financing of virtual currency is prohibited, and there is no relevant regulatory agency, so investors can only investigate the criminal and civil liabilities of the corresponding parties
1. Criminal responsibility
however, assuming that there are some cases that may involve criminal crimes, such as online breaking or even later returning to zero, futures trading being manipulated by the platform, and in line with the provisions on jurisdiction in China's criminal law, the corresponding legal provisions should be applied in combination with their criminal acts< According to the provisions of articles 6 to 9 of the criminal law on the principle of criminal jurisdiction, China's criminal jurisdiction can be divided into the following four categories:
(1) territorial principle: if one of the acts or results of a crime occurs within the territory of the people's Republic of China (including ships or aircraft), China's criminal jurisdiction shall apply unless otherwise specified by law< (2) principle of person: if a citizen of our country commits a crime stipulated in this law outside the territory of the people's Republic of China, the criminal law of our country shall apply. However, if the maximum penalty stipulated in this law is fixed-term imprisonment of not more than three years, he may not be investigated. The criminal law of the people's Republic of China shall apply to any state functionary or serviceman who commits any crime specified in this law outside the territory of the people's Republic of China< (3) principle of protection: If foreigners commit crimes against our country or citizens outside the territory of the people's Republic of China and the minimum penalty prescribed in this law is fixed-term imprisonment of not less than three years, the criminal law of our country can be applied, except those who are not punished according to the law of the place where the crime is committed< (4) general principle: This Law shall apply to crimes stipulated in international treaties concluded or acceded to by the people's Republic of China over which the people's Republic of China exercises criminal jurisdiction within the scope of its treaty obligations
for example, there are illegal means in breaking and manipulating the price of virtual currency in the exchange when it goes online. Although virtual currency does not belong to the category of securities recognized by our country, making profits through this illegal way may also violate the charges of illegal sale of token bills, illegal issuance of securities, illegal fund-raising and financial fraud in our criminal law, Then investors can take measures to protect their rights in China, such as reporting to the public security organs
2. Civil liability
in civil and commercial activities, we mainly follow the principles of equality, voluntariness, fairness and good faith. With the development of China's securities market, there are many civil cases in which investors defend their rights to A-share companies. However, because China has not yet included virtual currency into the scope of securities, there is no case of civil liability for manipulating the price of virtual currency, Therefore, it is difficult for investors to protect their rights through civil litigation
in addition, based on the relativity of civil legal relationship, even if the underlying assets and projects of overseas ic0 projects are in China, most of them have built overseas structures, so it is difficult for investors to break through the relative relationship and recover the actual project subject responsibility of ic0.
4.
With the rapid popularization of mobile payment, people have endless reverie about "cashless society". China is the most widely used country in the world, and also one of the countries closest to "cashless payment". However, only relying on mobile payment can not meet the reform requirements of the digital financial era, so the concept of "digital currency" with a deeper focus came into being
it is understood that in the future, the central bank will not directly issue digital currency to the public, but adopt a two-tier operation system. The central bank will first convert the digital currency to banks or other operating institutions, and then these institutions will convert it to the public. The central bank's legal digital currency will be pilot in some scenarios in the early stage, and then further promoted after it is more mature, For the sake of safety, the pilot exit mechanism will be well designed
5. Virtual currency does not belong to electronic currency. There's a bit of a similarity. E-money is the electronic circulation of money, that is to say, the fundamental nature of e-money and money is the same. Virtual currency, from the beginning of q-coin game currency to the present bitcoin, bcbot and other digital currencies, belongs to virtual currency, which belongs to the activity of decentralization that has not been recognized, although digital currency also has some attributes of electronic currency.
6. The basic meaning of money
there are still a lot of arguments about the nature of money. The concept of money in western economics is various, which was defined by the function of money at first, and then as an economic variable or policy variable. Traditionally, there are mainly the following definitions of money:
goods generally accepted by people to pay for goods and services and pay off debts
goods that act as the medium of exchange, value, storage, price standard and deferred payment standard
excess supply or demand will lead to excess demand or supply of other assets
the temporary residence of purchasing power
no interest is required to be paid as the current assets of the public's net wealth
the most liquid assets related to national income, etc
according to the latest monetary theory, money is a kind of contract between the owner and the market about the right to purchase, which is essentially an agreement between the owners. I give what I have to the market in exchange for what I need. Currency is the agreement in this process. This theory can withstand strict falsification and logical argumentation, explain all economic phenomena related to money, and be tested by all economic practices, which marks the end of the debate on the nature of money for hundreds of years.
there are still a lot of arguments about the nature of money. The concept of money in western economics is various, which was defined by the function of money at first, and then as an economic variable or policy variable. Traditionally, there are mainly the following definitions of money:
goods generally accepted by people to pay for goods and services and pay off debts
goods that act as the medium of exchange, value, storage, price standard and deferred payment standard
excess supply or demand will lead to excess demand or supply of other assets
the temporary residence of purchasing power
no interest is required to be paid as the current assets of the public's net wealth
the most liquid assets related to national income, etc
according to the latest monetary theory, money is a kind of contract between the owner and the market about the right to purchase, which is essentially an agreement between the owners. I give what I have to the market in exchange for what I need. Currency is the agreement in this process. This theory can withstand strict falsification and logical argumentation, explain all economic phenomena related to money, and be tested by all economic practices, which marks the end of the debate on the nature of money for hundreds of years.
7.
A civil action against a citizen shall be under the jurisdiction of the people's Court of the place where the defendant has his domicile; If the defendant's domicile is different from his habitual residence, it shall be under the jurisdiction of the people's Court of his habitual residence. If the local court meets the above conditions, it can file a lawsuit against it
According to the relevant provisions of the civil procere law, Article 21, paragraph 1, a civil action against a citizen shall be under the jurisdiction of the people's Court of the place where the defendant has his domicile; If the defendant's domicile is different from his habitual residence, it shall be under the jurisdiction of the people's Court of his habitual residence Article 23 a lawsuit brought for a contract dispute shall be under the jurisdiction of the people's Court of the place where the defendant has his domicile or where the contract is performed Article 28 a lawsuit brought for a tort shall be under the jurisdiction of the people's Court of the place where the tort is committed or where the defendant has his domicile Second, the Supreme People's court's interpretation on the application of the Civil Procere Law of the people's Republic of China Article 4 a citizen's habitual residence refers to the place where a citizen has resided continuously for more than one year from the time he left his residence to the time of prosecution, except the place where a citizen is hospitalized for medical treatment2, sixth defendants were cancelled registered residence, according to the twenty-second provisions of the civil procere law, jurisdiction; The plaintiff and defendant are all cancelled by registered residence, and shall be under the jurisdiction of the people's Court of the place where the defendant lives. The registered residence of p>
3 or seventh parties has not been settled after the residence registration has been moved out. Where there is a habitual residence, the people's Court of the people's court shall have jurisdiction over it. Where there is no habitual residence, the people's Court of the place where the original registered residence is located shall be under the jurisdiction. p>
8. Let's first look at the contract agreement
if there is no agreement, it can be compensated according to the law, and there is no way to recover the discount compensation
the interpretation of several issues concerning the specific application of law in the dispute cases of urban housing lease contract
Article 9 when the Lessee agrees to decorate with the consent of the lessor and the lease contract is invalid, the attached decoration is not formed and the Lessor agrees to use it, It can be converted into the property of the lessor; If it does not agree to use, it can be removed by the lessee. If the house is damaged e to demolition, the lessee shall restore the original state
if the attached decoration has been formed and the Lessor agrees to use it, it can be converted into the ownership of the lessor; If they do not agree to make use of the contract, both parties shall share the present value loss according to the fault that causes the invalidity of the contract
Article 10 when the lessee decorates with the consent of the lessor and the lease term expires or the contract is terminated, unless otherwise agreed by the parties, the decoration that does not form an attachment can be removed by the lessee. If the house is damaged e to demolition, the lessee shall restore the original state
Article 11 if the Lessee agrees with the lessor to decorate and decorate, and when the contract is terminated, both parties have no agreement on the treatment of the attached decoration, the people's court shall deal with it respectively according to the following circumstances:
(1) if the contract is terminated e to the breach of contract by the lessor, and the lessee requests the lessor to compensate for the loss of the resial value of decoration ring the remaining lease term, it shall be supported
(2) if the contract is terminated e to the lessee's breach of contract, and the lessee requests the lessor to compensate for the loss of decoration resial value ring the remaining lease term, it shall not be supported. However, if the Lessor agrees to use it, it shall make appropriate compensation within the scope of the use value
(3) if the contract is terminated e to both parties' breach of contract, both parties shall bear corresponding responsibilities for the loss of decoration resial value ring the remaining lease term according to their respective faults
(4) if the contract is terminated e to reasons not attributable to both parties, the loss of decoration resial value ring the remaining lease term shall be shared by both parties in accordance with the principle of fairness. Where there are other provisions in the law, such provisions shall apply
Article 12 If the lessee, with the consent of the lessor, requests the lessor to compensate the incidental decoration expenses upon the expiration of the lease term, it shall not be supported. Unless otherwise agreed by the parties
Article 13 the expenses incurred by the lessee in decoration or expansion without the consent of the lessor shall be borne by the lessee. If the lessor requests the lessee to restore the original state or compensate for the losses, the people's court shall support it.
if there is no agreement, it can be compensated according to the law, and there is no way to recover the discount compensation
the interpretation of several issues concerning the specific application of law in the dispute cases of urban housing lease contract
Article 9 when the Lessee agrees to decorate with the consent of the lessor and the lease contract is invalid, the attached decoration is not formed and the Lessor agrees to use it, It can be converted into the property of the lessor; If it does not agree to use, it can be removed by the lessee. If the house is damaged e to demolition, the lessee shall restore the original state
if the attached decoration has been formed and the Lessor agrees to use it, it can be converted into the ownership of the lessor; If they do not agree to make use of the contract, both parties shall share the present value loss according to the fault that causes the invalidity of the contract
Article 10 when the lessee decorates with the consent of the lessor and the lease term expires or the contract is terminated, unless otherwise agreed by the parties, the decoration that does not form an attachment can be removed by the lessee. If the house is damaged e to demolition, the lessee shall restore the original state
Article 11 if the Lessee agrees with the lessor to decorate and decorate, and when the contract is terminated, both parties have no agreement on the treatment of the attached decoration, the people's court shall deal with it respectively according to the following circumstances:
(1) if the contract is terminated e to the breach of contract by the lessor, and the lessee requests the lessor to compensate for the loss of the resial value of decoration ring the remaining lease term, it shall be supported
(2) if the contract is terminated e to the lessee's breach of contract, and the lessee requests the lessor to compensate for the loss of decoration resial value ring the remaining lease term, it shall not be supported. However, if the Lessor agrees to use it, it shall make appropriate compensation within the scope of the use value
(3) if the contract is terminated e to both parties' breach of contract, both parties shall bear corresponding responsibilities for the loss of decoration resial value ring the remaining lease term according to their respective faults
(4) if the contract is terminated e to reasons not attributable to both parties, the loss of decoration resial value ring the remaining lease term shall be shared by both parties in accordance with the principle of fairness. Where there are other provisions in the law, such provisions shall apply
Article 12 If the lessee, with the consent of the lessor, requests the lessor to compensate the incidental decoration expenses upon the expiration of the lease term, it shall not be supported. Unless otherwise agreed by the parties
Article 13 the expenses incurred by the lessee in decoration or expansion without the consent of the lessor shall be borne by the lessee. If the lessor requests the lessee to restore the original state or compensate for the losses, the people's court shall support it.
9. The intermediate people's court will not accept a civil action with an amount of less than 50000 yuan. It shall be under the jurisdiction of the people's courts at the grassroots level
litigation jurisdiction is mainly divided into regional jurisdiction and level jurisdiction. Although courts in different parts of the country have different standard jurisdiction over civil and commercial cases (according to the level of social, political and economic development of provinces and cities, the jurisdiction standard of intermediate courts in provinces and cities is different), the civil litigation with the amount of 50000 yuan must be under the jurisdiction of the grass-roots people's courts (see Appendix)
for the amount of civil litigation, the grass-roots people's court is as small as one cent and as large as the standard of jurisdiction of the intermediate people's court<
appendix: Notice of the Supreme People's Court on adjusting the standards of civil and commercial cases of first instance under the jurisdiction of Higher People's court and intermediate people's Court (excerpt)
I. civil and commercial cases of first instance under the jurisdiction of provincial administrative jurisdiction where the parties are domiciled
Beijing, Shanghai, Jiangsu, Zhejiang and Guangdong Higher People's courts, It has jurisdiction over civil and commercial cases of first instance with the amount of litigation object more than 500 million yuan, and the intermediate people's court has jurisdiction over civil and commercial cases of first instance with the amount of litigation object more than 100 million yuan
the higher people's courts of Tianjin, Hebei, Shanxi, Inner Mongolia, Liaoning, Anhui, Fujian, Shandong, Henan, Hubei, Hunan, Guangxi, Hainan, Sichuan and Chongqing have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 300 million yuan, and the intermediate people's courts have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 30 million yuan
the higher people's courts of Jilin, Heilongjiang, Jiangxi, Yunnan, Shaanxi and Xinjiang and the branches of Xinjiang proction and Construction Corps have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 200 million yuan, and the intermediate people's courts have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 10 million yuan
the higher people's courts of Guizhou, Tibet, Gansu, Qinghai and Ningxia have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 100 million yuan, and the intermediate people's courts have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 5 million yuan< The higher people's courts of Beijing, Shanghai, Jiangsu, Zhejiang and Guangdong have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 300 million yuan, and the intermediate people's courts have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 50 million yuan
the higher people's courts of Tianjin, Hebei, Shanxi, Inner Mongolia, Liaoning, Anhui, Fujian, Shandong, Henan, Hubei, Hunan, Guangxi, Hainan, Sichuan and Chongqing have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 100 million yuan, and the intermediate people's courts have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 20 million yuan
the higher people's courts of Jilin, Heilongjiang, Jiangxi, Yunnan, Shaanxi and Xinjiang and the branches of Xinjiang proction and Construction Corps have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 50 million yuan, and the intermediate people's courts have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 10 million yuan
the higher people's courts of Guizhou, Tibet, Gansu, Qinghai and Ningxia have jurisdiction over civil and commercial cases of first instance with the amount of litigation object more than 20 million yuan, and the intermediate people's courts have jurisdiction over civil and commercial cases of first instance with the amount of litigation object more than 5 million yuan< Third, military courts of PLA have jurisdiction over civil and commercial cases with litigation objects of more than 100 million yuan in the first instance, and military courts of large units have jurisdiction over civil and commercial cases with litigation objects of more than 20 million yuan in the first instance< (4) cases of marriage, inheritance, family, property services, personal injury compensation, right of reputation, traffic accidents, labor disputes, and group disputes are generally under the jurisdiction of the basic people's courts< In accordance with the provisions of Article 38 of the civil procere law, the people's court at a higher level may decide on its own to try the cases of major difficulties, new types and general significance in the application of law, or decide on its own to try the cases according to the application of the people's court at a lower level.
litigation jurisdiction is mainly divided into regional jurisdiction and level jurisdiction. Although courts in different parts of the country have different standard jurisdiction over civil and commercial cases (according to the level of social, political and economic development of provinces and cities, the jurisdiction standard of intermediate courts in provinces and cities is different), the civil litigation with the amount of 50000 yuan must be under the jurisdiction of the grass-roots people's courts (see Appendix)
for the amount of civil litigation, the grass-roots people's court is as small as one cent and as large as the standard of jurisdiction of the intermediate people's court<
appendix: Notice of the Supreme People's Court on adjusting the standards of civil and commercial cases of first instance under the jurisdiction of Higher People's court and intermediate people's Court (excerpt)
I. civil and commercial cases of first instance under the jurisdiction of provincial administrative jurisdiction where the parties are domiciled
Beijing, Shanghai, Jiangsu, Zhejiang and Guangdong Higher People's courts, It has jurisdiction over civil and commercial cases of first instance with the amount of litigation object more than 500 million yuan, and the intermediate people's court has jurisdiction over civil and commercial cases of first instance with the amount of litigation object more than 100 million yuan
the higher people's courts of Tianjin, Hebei, Shanxi, Inner Mongolia, Liaoning, Anhui, Fujian, Shandong, Henan, Hubei, Hunan, Guangxi, Hainan, Sichuan and Chongqing have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 300 million yuan, and the intermediate people's courts have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 30 million yuan
the higher people's courts of Jilin, Heilongjiang, Jiangxi, Yunnan, Shaanxi and Xinjiang and the branches of Xinjiang proction and Construction Corps have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 200 million yuan, and the intermediate people's courts have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 10 million yuan
the higher people's courts of Guizhou, Tibet, Gansu, Qinghai and Ningxia have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 100 million yuan, and the intermediate people's courts have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 5 million yuan< The higher people's courts of Beijing, Shanghai, Jiangsu, Zhejiang and Guangdong have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 300 million yuan, and the intermediate people's courts have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 50 million yuan
the higher people's courts of Tianjin, Hebei, Shanxi, Inner Mongolia, Liaoning, Anhui, Fujian, Shandong, Henan, Hubei, Hunan, Guangxi, Hainan, Sichuan and Chongqing have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 100 million yuan, and the intermediate people's courts have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 20 million yuan
the higher people's courts of Jilin, Heilongjiang, Jiangxi, Yunnan, Shaanxi and Xinjiang and the branches of Xinjiang proction and Construction Corps have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 50 million yuan, and the intermediate people's courts have jurisdiction over civil and commercial cases of first instance with litigation objects of more than 10 million yuan
the higher people's courts of Guizhou, Tibet, Gansu, Qinghai and Ningxia have jurisdiction over civil and commercial cases of first instance with the amount of litigation object more than 20 million yuan, and the intermediate people's courts have jurisdiction over civil and commercial cases of first instance with the amount of litigation object more than 5 million yuan< Third, military courts of PLA have jurisdiction over civil and commercial cases with litigation objects of more than 100 million yuan in the first instance, and military courts of large units have jurisdiction over civil and commercial cases with litigation objects of more than 20 million yuan in the first instance< (4) cases of marriage, inheritance, family, property services, personal injury compensation, right of reputation, traffic accidents, labor disputes, and group disputes are generally under the jurisdiction of the basic people's courts< In accordance with the provisions of Article 38 of the civil procere law, the people's court at a higher level may decide on its own to try the cases of major difficulties, new types and general significance in the application of law, or decide on its own to try the cases according to the application of the people's court at a lower level.
10. 1. No matter how much money a private loan dispute is, it is a civil case, and the public security organs will not and cannot intervene in it.
2. The notice of the Ministry of public security on the public security organs not to illegally interfere in the handling of economic dispute cases and the notice of the Ministry of public security on forbidding the public security organs to intervene in economic disputes and illegally arrest people (April 25, 1992) stipulate that the public security organs should not interfere in the contract There are detailed regulations on debt and other economic dispute cases. It is recommended to consult them
2. The notice of the Ministry of public security on the public security organs not to illegally interfere in the handling of economic dispute cases and the notice of the Ministry of public security on forbidding the public security organs to intervene in economic disputes and illegally arrest people (April 25, 1992) stipulate that the public security organs should not interfere in the contract There are detailed regulations on debt and other economic dispute cases. It is recommended to consult them
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