Second Judicial Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Labor Dispute Cases

Legal subjectivity:

According to the relevant provisions of the Supreme People's Court on labor disputes, the following methods can be used to handle labor disputes: 1. Resolve through negotiation. After a labor dispute occurs, the parties shall discuss the disputed matters so that both parties can eliminate conflicts and find a way to resolve the dispute. Of course, settlement through negotiation is not a necessary procedure for resolving labor disputes, but the state only recognizes this method for parties to resolve labor disputes on their own. If the parties are unwilling to negotiate or cannot reach an agreement, the parties may and have the right to apply for mediation or arbitration. 2. Enterprise mediation. After a labor dispute occurs, the parties may apply to the unit's labor dispute mediation committee for mediation. If the enterprise reaches an agreement through mediation, a mediation letter shall be prepared and both parties shall voluntarily perform it (this agreement is not legally binding); If no agreement is reached within ten days, the mediation will be deemed to have failed. The parties may apply to the Labor Dispute Arbitration Committee for arbitration within the specified period of 60 to 90 days. In addition, if the parties are unwilling to mediate or regret after reaching an agreement through mediation, they may also apply directly to the arbitration committee for arbitration. 3. Labor arbitration. Labor disputes are generally accepted by the labor dispute arbitration committee within the administrative region. When the unit in which the dispute occurs and the employee are not in the same jurisdiction of the labor dispute arbitration committee, it will be handled by the labor dispute arbitration committee where the employee's salary relationship is located. If any party is dissatisfied with the award, it should file a lawsuit with the local people's court within 15 days after receiving the award. If no lawsuit is filed within the time limit, the award will become legally effective. The parties shall handle the legally effective mediation and award in accordance with the regulations. deadline to be fulfilled. 4. Court decision. If any party refuses to accept the ruling and files a lawsuit in the People's Court, the court will proceed in accordance with the relevant procedures of the Civil Procedure Law. First, civil mediation is conducted between the two parties. If the two parties reach an agreement on the labor dispute, the court will formulate a civil mediation letter. The mediation letter will take effect immediately once it is served to the parties and has the same legal effect as the judgment. If mediation fails, the court shall issue a written judgment within the specified time. If either party, the original defendant or the defendant, is dissatisfied with the judgment, he or she may appeal to the higher people's court within the statutory period (15 days from receipt of the judgment). Legal objectivity:

The Provisions of the Supreme People's Court on Several Issues Concerning Suspicions of Economic Crimes in the Trial of Economic Dispute Cases Promulgated by the People's Republic of China and the Supreme People's Court of the People's Republic of China Promulgation Date 19980421 Implementation Date 19980429 "Supreme People's Court" The Provisions on Several Issues Involving Suspicions of Economic Crimes in the Trial of Economic Dispute Cases were adopted by the 974th meeting of the Judicial Committee of the Supreme People's Court on April 9, 1998, and are hereby promulgated and shall come into effect on April 29, 1998. The full text of the chapter title is based on the "General Principles of the People's Republic of China Civil Law", "The Criminal Law of the People's Republic of China", "The Civil Procedure Law of the People's Republic of China", and "Criminal Procedure Law of the People's Republic of China". Law and other relevant provisions, the following provisions are made on issues involving suspicion of economic crimes in the trial of economic dispute cases: Article 1 If the same citizen, legal person or other economic organization is involved in economic disputes and suspicion of economic crimes due to different legal facts, the economic dispute shall Cases and economic crime suspect cases should be tried separately. Article 2 If the directly responsible person in charge and other directly responsible personnel of a unit use deceptive means to sign economic contracts with external parties for the purpose of defrauding the unit of property, and the property obtained by fraud is possessed, used or disposed of by the unit, which constitutes a crime, the relevant personnel shall be investigated in accordance with the law. In addition to the criminal liability and ordering the unit to return the property obtained by fraud, if it causes economic losses to the victim, the unit shall bear the liability for compensation. Article 3 If the directly responsible person in charge and other directly responsible personnel of a unit sign economic contracts with external parties in the name of the unit and take part or all of the property acquired as their own, which constitutes a crime, the criminal liability of the perpetrator shall be investigated in accordance with the law. The unit shall bear civil liability in accordance with the law for the consequences caused by the actor's signing and performance of the economic contract. Article 4 An individual borrows the unit’s business introduction letter, special contract seal, or blank contract with the official seal, signs an economic contract in the name of the lending unit, defrauds the property to be possessed, used, and disposed of by the individual, or conducts other criminal activities, causing economic consequences to the other party. If the loss constitutes a crime, in addition to the criminal liability of the borrower in accordance with the law, the unit that lent the business introduction letter, contract seal or blank contract with an official seal shall be liable for compensation in accordance with the law.

However, this is excepted if there is evidence to prove that the victim knew that the other party was borrowing money from the other party and still signed the contract with him. Article 5 It constitutes a crime for a perpetrator to steal or misappropriate the official seal of the unit, business introduction letter, blank contract with official seal, or privately engrave the official seal of the unit to sign an economic contract, defraud the property for personal possession, use, disposal or conduct other criminal activities. , the unit shall not bear civil liability for the economic losses caused by the perpetrator's criminal behavior. The perpetrator privately engraves the official seal of the unit or uses the official seal of the unit, a business introduction letter, or a blank contract with the official seal without authorization to sign an economic contract. The unit has obvious faults, and there is no link between the faulty behavior and the victim's economic losses. If there is a causal relationship, the unit shall be liable for compensation according to law for the economic losses caused by the criminal act. Article 6 After the expiration of the enterprise contracting or leasing operation contract, the enterprise has registered the change of the enterprise's legal representative in accordance with the regulations, but the enterprise legal person fails to take effective measures to withdraw its official seal, business introduction letter, and blank contract with the official seal, or Failure to take timely measures to notify the counterparty results in the original contractor or lessor being able to sign an economic contract in the name of the original contractor or leasing enterprise, and if it constitutes a crime to defraud the property and take it for itself, the enterprise shall bear the economic losses to the victim in accordance with the law. Liability. However, if the original contractor or lessee uses the official seal, business introduction letter, or blank contract with the official seal to sign an economic contract in the name of the original contractor or leasing enterprise, and defrauds the property to take possession of it, which constitutes a crime, the enterprise generally does not bear civil liability. After the person employed by the unit is dismissed, or after the person entrusted by the unit to keep the official seal is terminated, the unit fails to take back his official seal in time, and the perpetrator uses the retained official seal of the original unit to sign an economic contract without authorization, and defrauds property and takes it for himself, which constitutes a crime. If it causes economic losses to the victim, the unit shall bear liability for compensation. Article 7 If the directly responsible person in charge and other directly responsible persons of the unit sell the property obtained by the unit from smuggling or other criminal activities by signing an economic contract, and the buyer knows or should know about it, and if economic losses are caused as a result, the losses shall be borne by Caveat emptor. However, if the buyer does not know that the subject matter of the economic contract is property obtained from criminal acts and purchases it, the seller shall bear civil liability for the economic losses caused by the buyer. Article 8 According to the first paragraph of Article 77 of the "Criminal Procedure Law of the People's Republic of China", if the victim causes economic losses due to the criminal behavior of the unit in Article 2 of these "Provisions", the victim shall be liable to Article 4 and Article 8 of the "Regulations". If a defendant who should bear criminal responsibility in paragraph 1 of Article 5 and Article 6 fails to return property and suffers economic losses and files an incidental civil lawsuit, the people's court that accepts the criminal case shall hear the case together in accordance with the law. The victim also has the right to file a separate civil lawsuit against the unit because of the economic losses he suffered. If the victim files a separate civil lawsuit, the people's court with jurisdiction shall accept the case in accordance with the law. Article 9 The statute of limitations for victims to request protection of their civil rights is suspended during the period when the public security organs and procuratorial organs are investigating and handling suspicions of economic crimes. If the public security organ decides to withdraw a suspected economic crime case or the procuratorate decides not to prosecute, the statute of limitations will be recalculated from the day after the case is withdrawn or the prosecutorial organ decides not to prosecute. Article 10 When the people's court hears economic dispute cases and discovers clues and materials of economic crime suspicion that are involved in the case but are not in the same legal relationship with the case, the people's court shall transfer the suspect clues and materials to the relevant public security organs or procuratorial organs for investigation and handling. The dispute case continues to be heard. Article 11 If the people's court accepts a case as an economic dispute and finds that it is not an economic dispute but is suspected of an economic crime, it shall rule to dismiss the prosecution and transfer the relevant materials to the public security organs or procuratorial organs. Article 12 If the public security organ or procuratorial organ considers an economic dispute case that has been filed for trial by a people's court to be suspected of an economic crime and informs the people's court that accepts the case by stating the reasons and attaching relevant materials, the relevant people's court shall carefully examine the case. After review, if it is believed that there is indeed a suspicion of economic crime, the case shall be transferred to the public security organ or procuratorial organ, and the parties shall be notified in writing and the case acceptance fee shall be refunded; if it is deemed that it is indeed an economic dispute case, the trial shall be continued in accordance with the law, and the result shall be notified to the relevant party in a letter Public security agencies or prosecutorial agencies.