[] of the people's Republic of China promulgated by the Supreme People's court

[] 19980421 date of promulgation

[] 19980429 date of implementation

"The Supreme People's Court on the trial involving economic crimes in the economic dispute cases
Provisions "problems is suspected in April 9, 1998 by the Supreme People's Court Judicial Committee
The 974th meeting, is hereby promulgated, shall enter into force as of April 29, 1998.

[] the chapter name

According to "the people's Republic of China", "general principles of the civil law of the people's Republic of China", "in criminal law
The people's Republic of China "," Civil Procedure Law of the people's Republic of China "and other relevant provisions of the Criminal Procedure Law
The following provisions, for suspected economic crimes in the trial of cases of disputes over economic issues:

Article 1 with a citizen, legal person or any other economic organization with legal facts of different, respectively
And economic disputes and suspected economic crimes, economic dispute cases and suspected economic crimes cases shall be divided
Open trial.

The second unit persons directly in charge and other directly responsible personnel, thought units lie
Take the property as the goal, take the deception of foreign economic contracts signed, diddle property is the unit of account for
A, use or dispose of constitutes a crime, shall be investigated for criminal responsibility in the relevant personnel in accordance with the law, shall be ordered to the single
A return to the property, such as the economic losses caused to the victim, the unit shall be liable for compensations
Ren.

The third unit persons directly in charge and other directly responsible personnel, to the unit
The name of the foreign economic contract is signed, the property part or all accounted for a crime,
In addition to investigate the criminal responsibility according to law, the units of behavior, the performance of the economic cooperation by signing
The same consequences, it shall bear civil liability according to law.

Fourth personal borrowing units of the business letter of introduction, dedicated seal contract or stamped with the seal of the air
White contract, economic contract is signed to lend the unit name, diddle property for personal possession, use,
Punishment or other crimes, other economic losses caused to constitute a crime, in addition to chase
The criminal responsibility of the borrowers, lending business letter of introduction, dedicated seal contract or stamped with the seal of the air
White contract unit, shall bear the liability for compensation according to law. However, there is evidence to prove that the victim knows
The signing of the contract the other party is borrowing behavior, still with the signing of contract except.

Article fifth the behavior of stealing, stealing unit official seal, business letter of introduction, stamped with the official seal of the air
White contract, or Sike official seal of signing an economic contract, diddle property for personal possession, the
Use, disposal or other crimes constitute a crime, the behavior of the unit crime
The economic loss caused by not bear civil liability.

Behavior person Sike seal or official seal units, the unauthorized use of a business letter of introduction, stamped with the official seal
Criminal conduct method blank contract signed by the economic contract, the unit has obvious fault,
The causal relationship between the fault behavior and the victim's economic loss, units of the crime
As the caused economic losses, shall bear the liability for compensation according to law.

Sixth enterprise contract, lease after the expiration of the contract, the enterprise in accordance with the provisions of the company law
Registration of representative of the enterprise as a legal person, and not to take effective measures to recover its official seal, business introduction
The letter, stamped with the seal of the blank contract, or do not take timely measures to inform the counterpart, to the original enterprise
Industry contractors, lease to use the name of the original contract, leasing enterprises economic contracts signed, diddle property
Material possession, which constitutes a crime, the enterprise to the victim's economic loss, shall be liable for compensation in accordance with the law
Responsibility. However, the original contractor, lessee the use of unauthorized retained official, business letter of introduction, cover
The name of the seal of the blank contract to the original contract, leasing enterprises economic contracts signed, diddle property accounted for
What constitutes a crime, the enterprise generally do not bear civil liability.

Unit employee dismissal, or units commissioned custody personnel is relieved Commission official seal
Support, unit has not timely recovery of the seal, unauthorized use behavior preserves original unit official seal is signed by
Economic contract, diddle property takes possession of a crime, such as the economic losses caused to the victim, the unit
It shall bear the liability for compensation.

The seventh unit persons directly in charge and other directly responsible personnel, the unit
Methods the smuggling or other crimes of property to the economic contract is signed to sell, buy Fang Mingzhi
Or should know, such as the resulting economic loss, the loss by the buyer. But, if
The buyer did not know the subject matter of the contract is a crime and the purchase of the property, the seller to the buyer
The economic losses caused shall bear civil liability.

Eighth according to the "Criminal Procedure Law of the people's Republic of China" the first paragraph of article seventy-seventh
A victim of the "regulations," article second for unit crime causes economic losses to fourth
Article fifth the accused, paragraph 1, article sixth shall bear criminal responsibility fails to return the property by
Affected by the economic loss to file an incidental civil action, the people's court in criminal cases shall be
Hear. The victim has suffered economic loss due to the separate units have the right to bring a civil lawsuit. If the victim
People will bring a civil action, the people's court has jurisdiction shall accept.

Article ninth the limitation request protection of his civil rights in the public security organs, the procuratorial organs
During investigation into suspected economic crimes. If the public security organ decides to cancel on suspicion of economic crimes
Or the procuratorial organ decides not to prosecute, the limitation of action from the withdrawal of the case or the decision not to prosecute the
Re calculation.

Article tenth the people's court in the trial of cases of disputes over economic, found to be implicated in the case, but with the
This case is not the same legal relationship of suspected economic crimes clues, materials, should be suspected of crime clues,
Materials to investigate the related public security organs and procuratorial organs, economic dispute cases to hear.

The Eleventh People's court as economic disputes the admissibility of the case, after hearing that does not belong to the economic
Dispute rather suspected economic crimes, it shall dismiss the prosecution, the relevant materials to the public security
Or procuratorial organs.

Article twelfth the people's court has a case on cases of economic disputes, the public security organ or the machine
Turn that suspected economic crimes, and explain the reason of the relevant materials of the case that accepted by the people's court
, the relevant people's court shall carefully examine. After examination, deems economic crimes,
It shall transfer the case to the public security organs and procuratorial organs, and notify the party concerned in writing, return the case acceptance
Fee; if that is indeed the case of economic dispute, it shall continue the trial, and the results inform relevant
The public security organ and procuratorial organ.