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Although domestic laws are not clear about the criteria for filing transfer disputes, detailed transfer records and bank card details can be used as evidence. Property preservation shall be applied for when large amount of funds are involved. The party concerned has the right to recover the money transferred by mistake, but the confidentiality of the bank's personal information may hinder the access to identity. In case of misdirection, call the police in a timely manner and seek assistance from the police. If the other party does not return the money, it may constitute "unjust enrichment", and the transferor can protect its rights through civil proceedings. Note that disputes over unjust enrichment are under the jurisdiction of the basic court in the place where the defendant is located or where he/she often resides, and the cost of cross city litigation is high.
#Litigation and arbitration
1190 readings
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Under the current laws and regulations of China, the parties involved in the implementation phase are identified as clear subjects enjoying rights and undertaking obligations based on effective legal documents. The third party not listed in the document has no right to participate in the implementation, nor does it have corresponding rights or obligations. The execution party refers to the obligee and responsible person specified in the document. The transfer of creditor's rights of the applicant for enforcement does not affect the position of the assignee, and its direct impact on the enforcement procedure is limited to the original applicant.
#Litigation and arbitration
1011 readings
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Those who dissent from the judgment of the people's court may appeal. The defendant, private prosecutor and their legal representatives have the right of appeal against the judgment of first instance, with a time limit of five days; The defendant's lawyer or close relatives may also appeal with consent. The parties to an incidental civil action may also appeal against the relevant dispute within a similar period of time. The victim and his legal representative may request the procuratorate to protest within five days. The second instance is final, but the appeal will not stop the execution of the original judgment. If it is retried, the execution will be suspended. The appeal period is two years after the judgment comes into effect.
#Litigation and arbitration
1176 readings
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The public has the right to call the police when facing a threat to personal safety. According to the Law of the People's Republic of China on Administrative Penalties for Public Security, if the act of intimidating others fails to commit a crime, it will be warned or fined; If the circumstances are serious, detain and fine. However, those who use the Internet to issue insulting or threatening remarks to seriously disrupt order may commit the crime of provoking trouble, with a maximum sentence of five years. Acts of intimidation with bad circumstances, such as repeated intimidation, threatening specific groups with lethal weapons, and causing serious consequences, will be sentenced to a crime, up to fixed-term imprisonment, criminal detention or public surveillance. Be vigilant and safeguard your rights and interests according to law.
#Litigation and arbitration
1132 readings
